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2025-10-22 Appellants Exhibit 11-12_STVR Application, Act 17
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County of Hawaii Planning Department Reviewed By: STVR#: • ‘`�,:• www.hiplanningdept.com - planning(a�hawaiicounty.gov NUC#(if Applicable) . • * &~ "�f�.;/''' ►t East Hawaii Office• 101 Pauahi Street,Suite 3•I Lilo,I lawai`i 96720 - = Phone(808)961-8288 - Fax(808)961-8742 •,,'!ti os•M��!*• West llawai`i Office•74-5044 Ane Keohokalole l lwy•Kailua-Kona,Etawai`i 96740 Phone(808)323-4770 • Fax(808)327-3563 SHORT-TERM VACATION RENTAL (STVR) REGISTRATION AND/OR NONCONFORMING USE(NUC)APPLICATION This is a form for a: STVR Registration only-$500 fee STVR Registration+Nonconforming Use Certificate-$500 fee APPLICANT(Please Print): Richard Michael Standke APPLICANT'S INTEREST,IF NOT THE OWNER: /W SIGNATURE: DATE: 7 2, 2a/ SIGNER Please Print): Richard Michael Stande TITLE: Owner MAILING ADDRESS: 20318 Ruston Road CITY: Woodland Hills STATE: CA • 91364 PHONE NO.: EMAIL: Please provide information for all owners of the STVR property. A Landowner Addendum is attached, if needed. LANDOWNER(Please Print): Richard Michael Standke SIGNATURE: DATE: 7/2,l27l9 SIGNER(Please Print : Richard Michael Standke TITLE: Owner ) MAILIN ADDRESS: 20318 Ruston Road G Woodland Hills CA 91364 CITY: STATE: ZIP CODE: PHONE N EMAIL: REACHABLE PERSON(Please Print): Renee Boyce MAILING ADDRESS: P.O. Box 711617 Mountain View 96771 CITY.• /HI ZIP CODE: PHONE NO.: H H w i n e ss Home/Mobile EMAIL: STVR STREET ADDRESS: 14 Oeoe Street Hilo 96720 CITY: /HI ZIP CODE: FOR OFFICE USE ONLY: OTAX MAP KEY: (3) 2 I - Ca l g :0(3 ' 0 000 ZONING: is S— I 5 SLU: () If Ag,Date of Subdivision: LUPAG: The submittal of an incomplete application will delay o fcial acceptance by the Department. Furthermore,additional information may be requested by the Department during the course of the review process and be deemed valid.Lack of required information will render the application incomplete,and it will not be processed APPELLANT EXHIBIT- 11pg. 2of22 1. Completed STVR Registration Form. • 2. Landowner Authorization,if applicable. Any entity applying for an STVR Registration shall submit written authorization from the owner(s)to act on their behalf. 3. $500 Non-refundable filing and processing fee. Payments by check may be made payable to: Director of Finance. 4. Final Approvals from Building Division. Please provide documentation establishing that all permits from the County of Hawai'i Department of Public Works-Building Division for all necessary building,electrical,and plumbing permits were granted final approval.Please visit the Hawaii County Real Property Tax website (www.hawaiipropertytax.com)and"Search Records"to retrieve and print out a copy of the real property tax records for your property,showing all applicable building,electrical,and plumbing permits.Include a copy of this print-out with your application. Incomplete permits will require page 5 of the Registration form to be completed with the County of Hawaii Department of Public Works-Building Division. 5. Current tax licenses. Please submit copies of your current State of Hawaii General Excise Tax/Transient Accommodations Tax licenses for your STVR. 6. County of Hawaii Real Property Tax Clearance Certificate obtained from the Real Property Tax Division. 7. Site Plan. Drawn to scale,on 11"x 17"white copy paper,identifying: a) All property boundaries,dimensions, setbacks,and easements; b) Location of existing and proposed structures,driveway access,swimming pools,ancillary structures,eaves, and overhangs shall be clearly identified and labeled; c) Designated parking spaces for the STVR in compliance with Hawai'i County Code(HCC), Sections 25-4-50 through 25-4-54;and d) Reference points such as roadways,shoreline,etc;and e) Table indicating total square footages of each of the structures on the property. 8. Floor Plan. Drawn to scale,on 11 "x 17"white copy paper,identifying the location and use of all rooms in the STVR with dimensions of all spaces. 9. Notarized Affidavit of Compliance. All landowners must sign a copy of the attached Short-Term Vacation Rental Affidavit of Compliance. Submit notarized affidavit(s)with this application. 10. Pre-existing STVRs: Please provide proof of your prior use of the property as an STVR.Proof may include tax documents for the relevant time period or other reliable evidence. 11. List of affected property owners/lessees. A list of the names, mailing addresses,and tax map key numbers of all owners and lessees of record of all lots of which any portion is within three hundred(300)feet of any point along the perimeter boundary of the STVR property.Please visit the Hawaii County Real Property Tax website (www.hawaiipropertvtax.com)and use the"New Web Access Portal"to retrieve and print out the surrounding property owners list. 2 12. Copy of First Notification Letter to Affected Property Owners/Lessees. Please review the attached Notification Requirements for Nonconforming Use Certificate Applicants,and follow the instructions provided. • 13. Proof of service. Applicants shall provide proof of service or of good faith efforts to serve notice of the application to affected property owners and lessees of record.Proof may consist of certified mail receipts, affidavits,declarations,or the like. APPELLANT EXHIBIT- 11 , pg. 3 of 22 The Planning Department has reviewed the Building Permit information available from KN Field Books and Website, Lotus and Magnet. Despite this we are unable to make a determination regarding the status of Building, Electrical and Plumbing permits. Please fill out the attached form with the appropriate information. - Thank you. LANDOWNER(S): STA t4 D K-t , C,�-1A2) i'1/1 1- Dego H P STVR ADDRESS: (4 D E O E STt E T CITY: k t LO /HI ZIP CODE: 9 -7 2-G� STVR TAX MAP KEY: (3) 2 , i - C f 8 Q/3 " 0000 TO BE COMPLETED BY BUILDING DIVISION STAFF Building Permit Number(s)and General Description of Permit Permit Status Completed By: Date: Final Approval Date(s) LL Corn Electrical Permit Number(s)and General Description of Permit Permit Status Completed By: Date: Final Approval Date(s): EO3oon /4 ERATI Plumbing Permit Number(s)and General Description of Permit Permit Status Completed By: Date: Final Approval Date(s): ALL -� aorpLE-Ten 5 APPELLANT EXHIBIT- 1 1 pgof22 . COUNTY OF ---H A VA 1 ' Real Proper; x R O Parcel Information Parcel Number 210180130000 Location Address 14 OEOE STREET Project Name Lehia Park Res.Lots Property Class RESIDENTIAL Neighborhood Code 2131-1 Legal Information F/D:AREA,BDRY,LOT 37-B 18,000 SF Land Area(acres) 0.4132 Land Area(approximate sq ft) 18,000 View Map Plat(TMK)Maps Owner Information Owner Names Mailing Address STANDKE,RICHARD M Fee Owner,Tenants by the Entirety STANDKE,RICHARD M STANDKE,DEBORAH A P Fee Owner 85 SADDLEBOW RD Show All Owners and Addresses BELL CANYON CA 913071137 Assessment Information Show Historical Assessments Market Assessed Market Assessed Total Total Total Total Land Dedicated Land Building Building Market Assessed Exemption Taxable Year Property Class Value Use Value Value Value Value Value Value Value Value 2019 RESIDENTIAL $265,200 $0 $265,200 $249,100 $249,100 $514,300 $514,300 $0 $514,300 Land Information Property Class Square Footage Acreage Agricultural Use Indicator RESIDENTIAL 18,000 0.4132 Residential Improvement Information Building Number 1 Bedrooms 3 Year Built 1939 Framing Frame • Eff Year Built 1964 Exterior Wall WOOD/SINGLE WALL Square Feet 2,208 Roof Material CORRUGATED IRON Total Room Count 6 Heating/AC NONE Full Baths 2 Fireplace 0 Half Baths 1 Grade 4+ Sketches Room Type Area A Win Area 1352 B F 1 N I SH EO BASEMENT LMNG AREA 866 C PORCH UNCEILED W/RAILING 136 GYM 12 S 24 14 4 A 24 -34 16 3 20 1 _ 47 8 C rs 17 28 Building 1 APPELLANT EXHIBIT- 11pg. 22 So Permit Information Date Permit Number Reason Permit Amount 12/27/2002 021945 Alteration $5,000 • 10/16/2002 021522 Alteration $10,000 5/111950 8621 $150 12/28/1939 4773 $2,800 Bldg Division Permit and Inspections Information Permit Permit Estimated Inspection Inspection Permit Date Type Number Permit Reason Permit Description Cost Date Status rmit Status 11/20/2017 Electrical EH2017- Alteration,Electric ELECTRIC ONLY-MOVE&UPGRADE 100 METER TO 200AMP $2,000 6/13/2018 COMPLETED Complete 01586 Only 1/29/2003 Plumbing M030124' Alteration $1,500 10/6/2010 COMPLETED MPLETED 1/7/2003 Electrical E030007' Alteration $3,000 CHK W. BLDG 12/27/2002 Building 021945' Alteration $5,000 9/22/2003 COMPLETED OMPLETED 10/24/2002 Plumbing M021209' Addition INCLUDE FUEL GAS SYSTEM-DRYER,RANGE,WATER HEATER $3,795 12/9/2002 COMPLETED COMPLETED (CAP FOR FUTURE) 10/23/2002 Electrical E021230' Addition $3,500 12/10/2002 COMPLETED COMPLETED 10/16/2002 Building 021522' Addition $10,000 12/12/2002 COMPLETED COMPLETED 10/1/1997 Plumbing M971110' Sewer Connection $3,000 11/13/1997 COMPLETE As a courtesy to the public,we provide building permit data as supplied by the Department of Public Works.As such,no warranties,expressed or implied,are provided fort data herein,its use or its interpretation,and accuracy. Sales Information Sale Instrument Date Land Court Document Conveyance Document Sale Date Amount Instrument# Instrument Type Description Recorded Number Cert# Book/Page Tax Type 11/07/2011 $0 OTHER Mapping Change 11/07/2011 Mapping Change 09/30/2010 $800,000 10-150329 FEE Warranty Deed 10/07/2010 2000 Warranty CONVEYANCE Deed 03/09/2006 $0 06-048934 FEE Warranty Deed 03/15/2006 0 Warranty CONVEYANCE Deed 03/09/2006 $0 06-048932 FEE Warranty Deed 03/15/2006 0 Warranty CONVEYANCE Deed 10/04/2005 $0 OTHER Mapping Change 10/04/2005 Mapping Change IP 04/12J2003 $0 03-102273 FEE Quitclaim deed 05/27/2003 2934292 647244 0 Quitclaim deed CONVEYANCE 08/16/2002 $370,000 02-148769 FEE Warranty Deed 08/23/2002 370 Warranty CONVEYANCE Deed 04/18/1994 $330,000 9400069294 FEE Warranty Deed 04/29/1994 330.00 Warranty CONVEYANCE Deed Current Tax Bill Information Original Taxes Tax Net Tax Period Description Due Date Assessment Credits Tax Penalty Interest Other Amount Due 2019-1 Real Property Tax 08/20/2019 $0.00 $0.00 $2,854.37 $0.00 $0.00 $0.00 $2,854.37 2019-2 Real Property Tax 02/20/2020 $0.00 $0.00 $2,854.36 $0.00 $0.00 $0.00 $2,854.36 Tax Bill with Interest computed through 07/31/2019 $0.00 $0.00 $5,708.73 $0.00 $0.00 $0.00 $5,708.73 Pay online at http://payments.ehawaii.gov/propertytax/hawaii Other Payment Options Click Here Historical Tax Information Payments Amount Year Tax and Credits Penalty Interest Other Due 2018 $5,061.60 ($5,061.60) ($506.16) ($278.39) $0.00 $0.00 2017 $4,849.59 ($4,849.59) ($484.96) ($320.08) $0.00 $0.00 2016 $4,390.85 ($4,390.85) ($219.54) ($144.90) $0.00 $0.00 2015 $4,209.95 ($4,209.95) ($210.50) ($69.46) $0.00 $0.00 2014 $4,220.00 ($4,220.00) ($211.82) ($23.39) $0.00 $0.00 2013 $4,153.67 ($4,153.67) $0.00 $0.00 $0.00 $0.00 2012 $3,151.33 ($3,151.33) ($157.57) ($17.33) $0.00 $0.00 2011 $3,256.89 ($3,256.89) $0.00 $0.00 $0.00 $0.00 2010 $3,245.06 ($3,245.06) $0.00 $0.00 $0.00 $0.00 2009 $3,073.94 ($3,073.94) $0.00 $0.00 $0.00 $0.00 2008 $3,073.94 ($3,073.94) $0.00 $0.00 $0.00 $0.00 2007 $2,871.45 ($2,871.45) $0.00 $0.00 $0.00 $0.00 2006 $1,821.69 ($1,821.69) $0.00 $0.00 $0.00 $0.00 41 2005 $2,329.60 ($2,329.60) $0.00 $0.00 $0.00 $0.00 2004 $1,507.87 ($1,507.87) $0.00 $0.00 $0.00 $0.00 2003 $1,200.29 ($1,200.29) $0.00 $0.00 $0.00 $0.00 2002 $1,184.82 ($1,184.82) ($59.24) $0.00 $0.00 $0.00 2001 $1,100.75 ($1,100.75) ($55.04) ($24.22) $0.00 $0.00 2000 $1,095.65 ($1,095.65) ($102.28) ($18.32) $0.00 $0.00 APPELLANT EXHIBIT- 11 22 o pg Confirmation#: Status: Submitted STATE OF HAWAII—DEPARTMENT OF TAXATION Tr n lent Accommodations Tax Return Name RICHARD M.STANDKE ax ID T I 16-6496-01 Filing Period 6/30/ eturnType T 111Filing Frequency onthly Amende ) Web Name RICHARD STANDKE Submitted Jul-21-2019 Transient Accommodations Tax Taxation Gross Rental or Gross Exemptions/ District Rental Proceeds Deductions Taxable Proceeds (b) c Oahu '; :Maui,Molokai, Lanai Hawaii Kauai Timeshare Occupancy Tax Taxation Total Fair Market Rental Value Oahu District Maui, Molokai, Lanai District Hawaii District Kauai District Tax Computation Total Amount Taxable Tax Rate Total Taxes Due Adjustments Amounts Assessed During Period Penalty Interest Total Amount Total Payments Made for the Period Credit to be Refunded Additional Taxes Due Total Amount Due For Late Filing Only Penalty Interest Total Amount Due and Payable ,r fry" APPELLANT EXHIBIT- 11pg. 22 70 Confirmation#: Status: Submitted STATE OF HAWAII—DEPARTMENT OF TAXATION General Excise and Use Tax Return Name RICHARD M.STANDKE Tax ID GE-102-026-649 6-01 Filing Period 0f2019 Return Type G-45 Filing Frequency on ly Amended Web Name RICHARD STANDKE Submitted .3ul-21-2019 Part l-General Excise And Use Taxes®V2 of 1%COOS) Column A Column B Column C Business Activities Values,Gross Proceeds, Exemptions/Deductions Taxable Income Or Gross Income =,. :.. s-. ... . t t•.Wholesaling Manufacturing Producing Wholesale Services Landed Value of Imports for Resale Business Activities of Disabled Persons Sum of Part I,Column C(Taxable Income) Part It-General Excise And Use Taxes a 4%(.04) Retailing Services Including Professional Contracting Theater,Amusement and Broadcasting Commissions Transient Accommodations Rentals Other Rentals Interest and All Others Landed Value of Imports For Consumption Sum of Part Il,Column C(Taxable Income) 41110 Part III-Insurance Commissions a@.15%(.0015) Insurance Commissions Part IV-County Surcharge Tax Oahu Surcharge (rate= .0050) Maui Surcharge Hawaii Surcharge (rate=.0025) Kauai Surcharge (rate= .0050) Part V-Schedule Of Assignment Of Taxes By District [ J Oahu [ J Maui [X J Hawaii { I Kauai { ]MO Part VI-Total Periodic Return Taxable Income Tax Rate Total Tax Column(a) Column(b) Part 1 Total Tax r _ Part II Total Tax Part 11I Total Tax Part IV Total Tax Total Taxes Due Amounts Assessed During the Period Penalty Total Amount Interest Total Payments Made for the Period Credit to Be Refunded Additional Taxes Due For Late Filing Only Penalty Total Amount Due and Payable Interest Grand Total of EXemptionslDeductions Claimed APPELLANT EXHIBIT- 11 , 22 pg. of Harry Kim •''"''•. Deanna S. Sako ilcryoj N Finance Director • • �; .` :TC ft: Steven A. Hunt • Deptrt) Director • •••, E or 1��' County of Hawaii DEPARTMENT OF FINANCE-REAL PROPERTY TAX Aupuni Center • 101 Pauahi Street • Suite No.4 • Hilo,Hawai'i 96720 • Fax(808)961-8415 Appraisers(808)961-8354 • Clerical(808)961-8201 • Collections(808)961-8282 West Ha«ai'i Civic Center • 74-5044 Me Keohokalole Hwy. • Bldg.D,2nd Flr. • Kailua Kona,Hawaii 96740 Fax(808)327-3538 • Appraisers(808)323-4881 • Clerical(808)323-4880 'ebsite:wss sv.hawaiipropertytax.com REAL PROPERTY TAX CLEARANCE (Rev. 07/13) Date: JULY 18, 2019 TMK(s): (3) 2-1-018-032-0000; 2-1-018-012-0000; 2-1-018-013-0000; 2- 1-019-017-0000; 1-5-032-036-0000; and 1-5-058-042-0000 This is to certify that the real property taxes due to the County of Hawaii on the • parcel(s) listed above have been paid for'the tax year 2018-2019, up to and including JUNE 30, 2019. The County's real property taxes are levied on July 1st each year. The taxes become a lien on the property assessed as of the levy date. This clearance was requested on behalf of STANDKE,RICHARD M for the County Planning Department and is issued for this/these parcel(s) only. kik)Lti-ITCC\I By Namele Walker REAL PROPERTY TAX DIVISION Paid up to and including JUKE 30 2019 • 1.1awai 7 County is an Equal Opportunity Provider and Employer APPELLANT EXHIBIT- 11of22 S • a r 103:6 I - /01 3 0YERH4N 5r7B f 1 /e0 OR1Nej i why z V-0� jm0 100 JO10 s?HMO /0 5'F7/31461� I<AL/7 N l4N,9-671--e- :57 �_. 77, _ _. - 7 ST-r/C fLAV 1 L-f 05DF (FORMER1Y kJ/A6v4L) APPELLANT EXHIBIT- 11, pg. 10 of 22 S Mks r3,474/ s gnnOoM 2.6 r�t� oFo4 )Th. (,IVING 2g, ROOM z8 20 20' 3 5' 8' �pdD/Z 0tn/Fk Opp/ c2 IA PE2- ,-Y1 4 Oz 'S Cv A/0 Fie tz,v,t4, 28' SPEC t pi L-L S A-Le S -r P ri-T r it t S is o_( -to fgt. A 1-t F3 t L Ca°o cv F oF. PLAN Ea 6 S TR��T CFO2/4 /2L y -Z-Z5 KAL4 N141V40t,� ST,)/ APPELLANT EXHIBIT- 1 1, pg. 11 of 22 COUNTY OF HAWAI`I • PLANNING DEPARTMENT SHORT-TERM VACATION RENTAL (STVR) AFFIDAVIT OF COMPLIANCE Richard M. Standke This is to acknowledge that I, landowner/authorized applicant of the existing/proposed STVR property located at: t-Lisj_FAW_ 14_1 1-0 e of, Tax Map Key(3) 2 i•- t' _1)/3 ,CERTIFY, SWEAR, AND AFFIRM THAT: • The final approvals for building, electrical, and plumbing permits from the County of Hawai`i Department of Public Works-Building Division accurately reflect the structure as it currently exists without unpermitted modifications or changes of use. • To the best of my knowledge, there are no public, private, or financial covenants and or conditions prohibiting the use of this property as a vacation rental. • I acknowledge that once my application is accepted,the Director may request a site inspection to verify that the STVR is located within a legal dwelling and complies with the HCC, Chapter 25, any rule adopted thereunder,or any permit or variance issued pursuant thereto. • 1 will comply with all applicable County, State,and Federal laws,rules, regulations, and requirements, and will continue to operate within those laws,which shall also include,but is not limited to,the STVR Standards outlined in this Affidavit. • I acknowledge that any misrepresentation made by me or by my agent in applying for this STVR Registration may render the Registration invalid. • I acknowledge that any discussion that I have had or may have with Planning Department staff about conditions of approval are preliminary only, and are not final, nor are they the specific conditions required to gain approval of the application,unless the conditions are part of the Director's final written determination. ▪ (Nonconforming Use Certificate Applicants)The list of names, mailing addresses,and tax map keys of all owners and lessees of record of all lots of which any portion is within three hundred(300)feet of any point along the perimeter boundary of the STVR property, is, to the best of my knowledge, a complete and accurate``record of all said owners and lessees." SHORT-TERM VACATION RENTAL STANDARDS Maximum Number of Guests.The maximum number of guests temporarily residing within an STVR at any one time shall be consistent with the definition of"Family"under Hawaii County Code(HCC) Chapter 25. Owner/Reachable Person Responsibilities.The Owner or Reachable Person shall: (I) Reside in the County of Hawaii; 1110 (2) Be reachable by guests,neighbors,and County agencies on a twenty-four(24)hour,seven(7)days- per-week basis; 1 APPELLANT EXHIBIT- 11pg. 12of22 Short-Term Vacation Rental Affidavit of Compliance • (3) Be able to respond via telephone to a request from a guest, neighbor or County agency within one (1) hour of receiving that request and by physically present at the STVR within three(3) hours of receiving a call from a guest. neighbor or County agency, when that guest, neighbor, or County agency requests the presence of the reachable person; (4) Ensure that activities taking place within the STVR conform to the character of the existing neighborhood in which the rental is located; (5) Notify the Department within five(5)days of a change in the owner or reachable person's contact information; and (6) Notify the Department within thirty(30)days, should the STVR permanently cease operations for any reason. Advertising. All print and internet advertising of STVRs, including listings with a rental service or real estate firm, shall include the STVR Registration Number. The Nonconforming Use Certificate Number shall also be included, if one has been issued. Guest Parking. All guest parking for STVRs shall be off-street and shall meet the requirements set forth in HCC Sections 25-4-50 through 25-4-54 and applicable parking standards in HCC Chapter 25. If there is any doubt as to the requirements for off-street parking for an STVR, the Director shall determine the required number of parking spaces. Signage. Any commercial signage that advertises an STVR shall comply with the requirements of HCC Section 22-2.6 and HCC Chapter 3. Display Requirements. All STVRs shall display the following documents in compliance with the provisions below: (1) The STVR Registration Certificate. and the Reachable Person's name and phone number, shall be displayed on the back of the front door of all sleeping quarters. (2) Good Neighbor Policy. At a minimum, the following shall be prominently displayed within the dwelling unit and recited in the rental agreement signed by the tenant: (a) Quiet hours shall be from 9:00 p.m. to 8:00 a.m., during which time the noise from the STVR shall not unreasonably disturb adjacent neighbors. (b) Sound that is audible beyond the property boundaries during non-quiet hours shall not be more excessive than would be otherwise associated with a residential area. (c) Guest vehicles shall be parked in the designated parking area. (d) The STVR shall not be used for commercial purposes. (3) Current Nonconforming Use Certificates shall be displayed in a conspicuous place on the STVR's premises that is readily visible to an inspector. In the event that a single address is associated with numerous Nonconforming Use Certificates, a listing of all units at that address holding current certificates may be displayed in a conspicuous, readily visible common area instead. APPELLANT EXHIBIT- 11pg. 1of22 Short-Term Vacation Rental Affidavit of Compliance 411 STVR TMK: (3) 2, -1 - ()l e--0/3 Landowner Signature/Authcrized Applicant R/ H/ /2D , STAtNQ k Printed Name of Landowner/Authorized Applicant NTUL Date (NOTARY CERTIFICATION ATTACHED) Landowner Signature/Authcrized Applicant Printed Name of Landowner/Authorized Applicant Date APPELLANT EXHIBIT- 11 14of22 pg 0 Short-Term Vacation Rental Affidavit of Compliance STATE OF HAWAII ) ) SS. COUNTY OF HAWAII ) On this 274 day of Ja17 20 iq , before me personally appeared WI 1W M• 4JIAWDla to me known to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he/she executed the same as his/her free act and deed. 1L______, „ ,. , ,,,, ,, _ 0 No ary Public, State of Hawai`i -5f1 Judicial Circuit My Commission Expires: 12-2S 1074 NOTARY CERTIFICATION No. of Doc. Date: Di-7/2' (1 Pages: 4- Notary Name: Christine N. Lominario Doc. Description: 6� _ VAG4 bN Rk �, Circuit: `� TPM 4PFIDAVlr bp- Cou po 4Nt . 6 4 QvN "G , ty-f_27•(1 f )''' Notary Signature Date • , APPELLANT EXHIBIT- 11pg. 1 22 So I I II 0 -• 7,,,, -, , .,,,..,, y".), .*',.: ,.„.,,,, ,...) ,.) ,'"-.1 .., ,,.., ,../ :„„, .,,,,, a , ,) r, ...., „. ,..) ' „..• , - ..., " „...... ,.... . a a '3 a > > > > > 5 > ,..-.,,', > > > > a9.-- .a ,-, a J.,'" '''''.. 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Ti no 0 un E 0 . ) - VI 7,% .,_, " ra ''''' ...1 Cs4 --- ...0 ,,-, - 4-, CO •-. ,- „,„, . -IC ...Y :',„, ,,, 0 c„,/ „,_,,,” L. , c — 0 xi rt: a _ 9 , e ,„.'/ '18 / N, '',. ,7 , % >% P-fr a P, = A-, LI - ',e, , , '',' fiV ILi 0,-, APPELLANT EXHIBIT- 11 , pg. 16 of 22 014- COUNTY OF HAWAI'l 460; Real Property Tax Office • ,7,..iii 'Ir.' lk.,,71r',- llt Il Overview e rrit-, Pacific Ocean ilk I i I- Legend 0.00 li,„ 64' . ''' 0 Parcels l 104, .... ..... -; - , , * 44 4 *1/4. .., ,i'' 1% ......,,,, 07, ,..../<, i 456ft Parcel 210180130000 Situs/Physical 14 OEOE STREET Market $265,200 Last 2 Sales ID Address Land Value Date Price Reason Qual Acreage 0.4132 Mailing STANDKE,RIC HARD M Dedicated $0 11/7/2011 0 RELATED U Class RESIDENTIAL Address 85 SADDLEBOW RD Use Value INDIVIDUALS OR BELL CANYON CA 91307 Land $0 CORPORATIONS 1137STANDKE,DEBORAH A P Exemption 9/30/2010 $800000 ARMS LENGTH Q Net Taxable $265,200 TRANSACTION Land Value Assessed $249,100 Building Value Building $0 Exemption Net Taxable $249,100 Building Value Total $514300 Taxable Value Brief F/D:AREA,BDRY,LOT 37-B 18,000 SF Tax Description (Note:Not to be used on legal documents) *Hawaii County makes every effort to produce the most accurate information possible.No warranties,expressed or implied,are provided for the data herein,its use or 0 APPELLANT EXHIBIT- 11 pg. 17 of 22 eCc u I, /_ a.., A\OVA; I Real Properly C x "2]i O Parcel Results 17 Results Parcel ID: Owner t Property Address= Map a 210130010000 P HAWAIIAN HOME LANDS 2417 KALANIANAOLE STREET Map c 210180010000 P KRAMER,GEORGE CALVERT Map b 210180020000 ,PCHOCK,MICHAEL Map CHOCK,VICTORIA ® 210180030000 .P CHOW,ALTON T W 387 NENE STREET Map CHOW,ELOISE SUE NGO,DECEASED a 210180040000 PLUEBBEN,;HOMASE Map L 210180050000 ?DANDREWS,SCOTT L 369 NENE STREET Map ROHR,CLAUDIA I 2.11 210180110000 .PWOLF,JOSEPH G 2232 KALANIANAOLE STREET Map WOLF,KEALA F a 210180120000 ,0STANDKE,RICHARD 2246 KALANIANAOLE STREET Map STANDKE,DEBORAH a 210180130000 PSTANDKE,RICHARD M 14 OEOE STREET Map STANDKE,DEBORAH 1 P a 2101802600D P STATE OF HAWAII Map a 21018032000C PSTANDKE,RICH Aln M 18 OEOE STREET Map STANDKE,DEBORAH A P E.i 210190080000 P KAWELU,ALBERT 2284 KALANIANAOLE STREET Map El 210190090000 P STATE OF HAWAII 2271 KALANIANAOLE STREET Map 21 210190240000 PWALSH,STEVEN MICHAEL 25 OEOE STREET Map • 210190260000 P COY LE,DANIEL H 425 NENE STREET Map 21019036000C P MORTENSEN,DAVID K 33 OEOE STREET Map MORTENSEN CARRIE L A 21019037000 ,PSAIKI,KIMO/DORELLEN KTRST 2276 KALANIANAOLE STREET Map .. a Mailing Labels 17 Results O Show address of: Owner Property Additional owner options: Download format: 4 24 All Owners Address labels(5160) = Labels will only begen ratedforownersthathaveaddressesinthesystem. 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Schneider, ��GEOSi�A71AL Last Data Ur:c,:<c• 19/2:19,1:42:06 AM Version 2.2.34 • APPELLANT EXHIBIT- 11pg. 1of22 ANDREWS,SCOZI'L CHOCK,MICHAEL CHOW,ALTON T W ROHR'CLAUDIA 3857 SIERRA DR 387 NENE ST 369 NENE ST HONOLUU HI 96816 HILO HI 96720 HILO HI 96720 410 COYLE,DANIEL H KAWELU,ALBERT KRAMER,GEORGE CALVERT PO BOX 1334 2284 KALANIANAOLE ST GO KIKUCHI,DARREN HILO HI 96721 HILO HI 96720 PO BOX 1317 ST GEORGE UT 84771 LUEBBEN,THOMAS E MORTENSEN,DAVID K SAIKI,KIMO/DORELLEN K 1RST PO BOX 1134 33 OEOE ST 95-807 MAKAUNULAU ST SANDIA PARK NM 87047 HILO HI 96720 MILILANI HI 96789 STANDKE,RICHARD M STANDKE,RICHARD M STANDKE,RICHARD 85 SADDLEBOW RD 85 SADDLEBOW RD 85 SADDLEBOW RD BELL CANYON CA 91307 BELL CANYON CA 91307 BELL CANYON CA 91307 WALSH,SlEVEN MICHAEL WOLF,JOSEPH G 53 WEAVER VIEW CIR UNIT 304 475 KINOOLE ST STE 102 PMB 128 WEAVERVILLE NC 28787 HILO HI 96720 410 • APPELLANT EXHIBIT- 11 , pg. 19 of 22 NONCONFORMING USE CERTIFICATE(NUC)APPLICATION: FIRST NOTIFICATION TO SURROUNDING PROPERTY OWNERS/LESSEES • July17 19 Today's Date: ,20 Dear Surrounding Property Owner, In accordance with Hawai`i County regulations,we are sending this notification letter to you because your property is within three hundred(300)feet of a proposed Short-Term Vacation Rental(STVR). Under Planning Department regulations, an applicant who wishes to apply for a Nonconforming Use Certificate(NUC)to operate a STVR must notify property owners and lessees within three hundred(300)feet of any point along the perimeter boundary of the property upon which a NUC is sought. This is onlya notification toyou as a surroundingroe owner and does not re uire a res onse, Under Planning Department guidelines, applicants must distribute this FIRST Notification Letter to surrounding property owners and lessees BEFORE a NUC Application is submitted to the Department. We will submit a NUC Application for the subject property to the Planning Department on July 17 , 20 19 at the Department's Hilo location. (specify Hilo or Kona) STVR INFORMATION Applicant(s)Name: Richard M. Standke P osed STVR Street Address: 14 Oeoe Street, Hilo H l 96720 Proposed p TMK: (3) (2)(1)018 013 Number of bedrooms being rented: 3 Maximum number of guests permitted: 12 Number and location of off-street parking spaces: 4 Should you wish to offer comments on this application, you may submit your written comments to the Planning Department's Hilo or Kona office, or by email. Please include the applicant's name in the subject line of your correspondence.Thank you! All applications are public information once submitted and may be viewed at the Planning Department during regular business hours from 7:45am—4:30pm. EAST HAWAII(HILO): WEST HAWAI`I(KONA): County of Hawai`i Planning Department County of Hawai`i Planning Department 101 Pauahi Street,Suite 3 74-5044 Ane Keohokalole Highway, Building E Hilo,Hawai`i,96720 Kailua-Kona,Hawai`i 96740 Email: planning@hawaiicounty.gov 111) FIRST NOTIFICATION LETTER APPELLANT EXHIBIT- 11pg. 2of22 �tis a N a� N • ,,. .,..: H ,,: , , ,,, , 0 -, -- AAA`° rb ta a A. s.` a,.,?-`4 .. 0 Q r a r'.3,w s.i• a . n_ d — • �rt �� GU I'L ': CLI n_• -J�`"O (n C ---- ` V) cL ri I C c H I CD M w}r ipr ll (� 1 ` Q� a V .L a a)co E m• �O:°w Y� X 2' O• 0 O Q) LL a o a° a c rz I L..4 10 ' O , a' 6 E _, E P"i 1 . 2 ct P- N F- I-" a3i o'o, c d _J i �; (a �1 a) a) M r� > Q I>, ,. ., g W E5 65 3: 2 A gti 2 8 z ,— L t� Pil 6hi i(i.); I (t)-9}ji 3 r. ,S, g t '—' H ti i• E a) 1:6 - OZ M 1—Cnr-- §CD0 -DE 5, 8 46- le& . 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O 1lN fn Q U m � limi%.4'1 O Q) o c ,,,co o Li- ( - co_ r- CV 06 d' Ln CO IN- 1 DO I F D_ Za ACT 17 ACT 17 S.B. NO. 2919 A Bill for an Act Relating to Property. Be It Enacted by the Legislature of the State of Hawaii: SECTION 1. The legislature finds that the district court in Hawaii Legal Short-Term Rental Alliance v. City and County of Honolulu, No. 22-cv- 247-DKW-RT (D. Haw., 2022), permanently enjoined the city and county of Honolulu from enforcing Ordinance No. 22-7, insofar as it prohibited thirty- to eighty-nine-day home rentals, or the advertisement of these rentals, in any dis- trict on Oahu. Notwithstanding, it is the legislature's intent to honor and whole- heartedly support the home rule authority statutorily provided to the counties relating to zoning to ensure that the counties are able to guide the overall future development of their local jurisdictions in a manner they deem fit, using the tools available to the counties to put their general plans into effect in an orderly manner. Accordingly, the purpose of this Act is to: (1) Clarify the counties' authority to regulate by zoning ordinance the time, place, manner, and duration in which uses of land and struc- tures may take place; 25 APPELLANT EXHIBIT 12, pg. 1 of 15 ACT 17 (2) Clarify that uses that include the provision of transient accommo- dations are not considered residential uses and may be phased out or amortized by the counties; and (3) Expand the scope of the transient accommodations tax law to in- clude certain shelters and vehicles with sleeping accommodations. SECTION 2. Section 46-4, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows: "(a) This section and any ordinance, rule, or regulation adopted in accor- dance with this section shall apply to lands not contained within the forest reserve boundaries as established on January 31, 1957, or as subsequently amended. Zoning in all counties shall be accomplished within the framework of a long-range, comprehensive general plan prepared or being prepared to guide the overall future development of the county. Zoning shall be one of the tools available to the county to put the general plan into effect in an orderly manner. Zoning in the counties of Hawaii, Maui, and Kauai means the establishment of districts of such number, shape, and area, and the adoption of regulations for each district,to carry out the purposes of this section. In establishing or regulat- ing the districts, full consideration shall be given to all available data as to soil classification and physical use capabilities of the land to allow and encourage the most beneficial use of the land consonant with good zoning practices. The zon- ing power granted [herein] in this section shall be exercised by ordinance,which may relate to: (1) The areas within which agriculture, forestry, industry, trade, and business may be conducted; (2) The areas in which residential uses may be regulated or prohibited; (3) The areas bordering natural watercourses, channels, and streams, in which trades or industries,filling or dumping,erection of structures, and the location of buildings may be prohibited or restricted; (4) The areas in which particular uses may be subjected to special restrictions; (5) The location of buildings and structures designed for specific uses and designation of uses for which buildings and structures may not be used or altered; (6) The location, height, bulk, number of stories, and size of buildings and other structures; (7) The location of roads, schools, and recreation areas; (8) Building setback lines and future street lines; (9) The density and distribution of population; (10) The percentage of a lot that may be occupied, size of yards, courts, and other open spaces; (11) Minimum and maximum lot sizes; [and] (12) The time, place, manner, and duration in which uses of land and structures may take place; and [(12)] (13) Other regulations the boards or [ems] council of any county find necessary and proper to permit and encourage the orderly de- velopment of land resources within their jurisdictions. The council of any county shall prescribe rules, regulations, and adminis- trative procedures and provide personnel it finds necessary to enforce this section and any ordinance enacted in accordance with this section. The ordinances may be enforced by appropriate fines and penalties, civil or criminal, or by court order at the suit of the county or the owner or owners of real estate directly affected by the ordinances. 26 APPELLANT EXHIBIT 12, pg. 2 of 15 ACT 17 Any civil fine or penalty provided by ordinance under this section may be imposed by the district court, or by the zoning agency after an opportunity for a hearing pursuant to chapter 91. The proceeding shall not be a prerequisite for any injunctive relief ordered by the circuit court. Nothing in this section shall invalidate any zoning ordinance or regu- lation adopted by any county or other agency of government pursuant to the statutes in effect [prior to] before July 1, 1957. The powers granted [herein] in this section shall be liberally construed in favor of the county exercising them, and in [s-ueh] a manner [as to promote] that promotes the orderly development of each county or city and county in ac- cordance with a long-range, comprehensive general plan to ensure the greatest benefit for the State as a whole. This section shall not be construed to limit or repeal any powers of any county to achieve these ends through zoning and build- ing regulations, except insofar as forest and water reserve zones are concerned and as provided in subsections (c) and (d). Neither this section nor any ordinance enacted pursuant to this section shall prohibit the continued lawful use of any building or premises for any trade, industrial, residential, agricultural, or other purpose for which the building or premises is used at the time this section or the ordinance takes effect; provided that a zoning ordinance may provide for elimination of nonconforming uses as the uses are discontinued, or for the amortization or phasing out of noncon- forming uses or signs over a reasonable period of time in commercial, industrial, resort, and apartment zoned areas only. In no event shall [&ueh]the amortization or phasing out of nonconforming uses apply to any existing building or prem- ises used for residential(single-family or duplex) or agricultural uses[..-]; provided that uses that include the furnishing or offering of transient accommodations shall not be considered residential or agricultural uses and may be phased out or amortized in any zoning district by county zoning regulations; provided further that a zoning ordinance may provide that transient accommodations may be furnished to a transient for a period of less than one hundred eighty consecutive days. Nothing in this section shall affect or impair the powers and duties of the director of transportation as set forth in chapter 262. For purposes of this subsection, "transient accommodations" has the same meaning as defined in section 237D-1. "Transient accommodations" in- cludes uses that require the payment of transient accommodations taxes." SECTION 3. Section 237D-1, Hawaii Revised Statutes, is amended by amending the definition of "transient accommodations"to read as follows: 'Transient accommodations" means the furnishing of a room, apart- ment, suite, single family dwelling, shelter, or the like to a transient for less than one hundred eighty consecutive days for each letting in a hotel, apartment hotel, motel, condominium or unit as defined in chapter 514B, cooperative apartment, vehicle equipped with or advertised as including sleeping accommodations, dwelling unit, or rooming house that provides living quarters, sleeping, or house- keeping accommodations, or other place in which lodgings are regularly fur- nished to transients." SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 5. Statutory material to be repealed is bracketed and strick- en. New statutory material is underscored. 27 APPELLANT EXHIBIT 12, pg. 3 of 15 ACT 17 SECTION 6. This Act shall take effect upon its approval; provided that section 3 shall take effect on January 1, 2025. (Approved May 3,2024.) 28 APPELLANT EXHIBIT 12, pg. 4 of 15 §46-4 County zoning. (a) This section and any ordinance, rule, or regulation adopted in accordance with this section shall apply to lands not contained within the forest reserve boundaries as established on January 31, 1957, or as subsequently amended. Zoning in all counties shall be accomplished within the framework of a long-range, comprehensive general plan prepared or being prepared to guide the overall future development of the county. Zoning shall be one of the tools available to the county to put the general plan into effect in an orderly manner. Zoning in the counties of Hawaii, Maui, and Kauai means the establishment of districts of such number, shape, and area, and the adoption of regulations for each district, to carry out the purposes of this section. In establishing or regulating the districts, full consideration shall be given to all available data as to soil classification and physical use capabilities of the land to allow and encourage the most beneficial use of the land consonant with good zoning practices. The zoning power granted in this section shall be exercised by ordinance, which may relate to: (1) The areas within which agriculture, forestry, industry, trade, and business may be conducted; (2) The areas in which residential uses may be regulated or prohibited; (3) The areas bordering natural watercourses, channels, and streams, in which trades or industries, filling or dumping, erection of structures, and the location of buildings may be prohibited or restricted; (4) The areas in which particular uses may be subjected to special restrictions; (5) The location of buildings and structures designed for specific uses and designation of uses for which buildings and structures may not be used or altered; (6) The location, height, bulk, number of stories, and size of buildings and other structures; (7) The location of roads, schools, and recreation areas; (8) Building setback lines and future street lines; (9) The density and distribution of population; (10) The percentage of a lot that may be occupied, size of yards, courts, and other open spaces; (11) Minimum and maximum lot sizes; (12) The time, place, manner, and duration in which uses of land and structures may take place; and APPELLANT EXHIBIT 12, pg. 5 of 15 (13) Other regulations the boards or council of any county find necessary and proper to permit and encourage the orderly development of land resources within their jurisdictions. The council of any county shall prescribe rules, regulations, and administrative procedures and provide personnel it finds necessary to enforce this section and any ordinance enacted in accordance with this section. The ordinances may be enforced by appropriate fines and penalties, civil or criminal, or by court order at the suit of the county or the owner or owners of real estate directly affected by the ordinances. Any civil fine or penalty provided by ordinance under this section may be imposed by the district court, or by the zoning agency after an opportunity for a hearing pursuant to chapter 91. The proceeding shall not be a prerequisite for any injunctive relief ordered by the circuit court. Nothing in this section shall invalidate any zoning ordinance or regulation adopted by any county or other agency of government pursuant to the statutes in effect before July 1, 1957. The powers granted in this section shall be liberally construed in favor of the county exercising them, and in a manner that promotes the orderly development of each county or city and county in accordance with a long-range, comprehensive general plan to ensure the greatest benefit for the State as a whole. This section shall not be construed to limit or repeal any powers of any county to achieve these ends through zoning and building regulations, except insofar as forest and water reserve zones are concerned and as provided in subsections (c), (d), (g), and section 46-4.8. Neither this section nor any ordinance enacted pursuant to this section shall prohibit the continued lawful use of any building or premises for any trade, industrial, residential, agricultural, or other purpose for which the building or premises is used at the time this section or the ordinance takes effect; provided that a zoning ordinance may provide for elimination of nonconforming uses as the uses are discontinued, or for the amortization or phasing out of nonconforming uses or signs over a reasonable period of time in commercial, industrial, resort, and apartment zoned areas only. In no event shall the amortization or phasing out of nonconforming uses apply to any existing building or premises used for residential (single-family or duplex) or agricultural uses; provided that uses that include the furnishing or offering of transient accommodations shall not be considered residential or agricultural uses and may be phased out or amortized in any zoning district by county zoning regulations; provided further that a zoning ordinance may provide that transient accommodations may be furnished to a transient for a period of less than one hundred eighty consecutive APPELLANT EXHIBIT 12, pg. 6 of 15 days. Nothing in this section shall affect or impair the powers and duties of the director of transportation as set forth in chapter 262. For purposes of this subsection, "transient accommodations" has the same meaning as defined in section 237D-1 . "Transient accommodations" includes uses that require the payment of transient accommodations taxes. (b) Any final order of a zoning agency established under this section may be appealed to the circuit court of the circuit in which the land in question is found. The appeal shall be in accordance with the Hawaii rules of civil procedure. (c) Except as provided in section 46-4.8, each county may adopt reasonable standards to allow the construction of two single-family dwelling units on any lot where a residential dwelling unit is permitted. (d) Neither this section nor any other law, county ordinance, or rule shall prohibit group living in facilities with eight or fewer residents for purposes or functions that are licensed, certified, registered, or monitored by the State; provided that a resident manager or a resident supervisor and the resident manager's or resident supervisor's family shall not be included in this resident count. These group living facilities shall meet all applicable county requirements not inconsistent with the intent of this subsection, including but not limited to building height, setback, maximum lot coverage, parking, and floor area requirements. (e) Neither this section nor any other law, county ordinance, or rule shall prohibit the use of land for employee housing and community buildings in plantation community subdivisions as defined in section 205-4.5(a)(12); in addition, no zoning ordinance shall provide for the elimination, amortization, or phasing out of plantation community subdivisions as a nonconforming use. (f) Neither this section nor any other law, county ordinance, or rule shall prohibit the use of land for medical cannabis production centers or medical cannabis dispensaries established and licensed pursuant to chapter 329D; provided that the land is otherwise zoned for agriculture, manufacturing, or retail purposes. (g) Notwithstanding any other law, county charter, county ordinance, or rule, any administrative authority to accept, reject, and approve or deny any application for subdivision, consolidation, or resubdivision of a parcel of land that has been fully zoned for residential use within the state urban district designated pursuant to section 205-2 shall be vested with the director of the county agency responsible for land use or a single county officer designated by ordinance; provided that: (1) The parcel of land being subdivided is not located on a site that is: APPELLANT EXHIBIT 12, pg. 7 of 15 (A) Designated as important agricultural land pursuant to part III of chapter 205; (B) On wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW2; (C) Within a floodplain as determined by maps adopted by the Federal Emergency Management Agency; (D) A habitat for protected or endangered species; (E) Within a state historic district: (i) Listed on the Hawaii register of historic places or national register of historic places; (ii) Listed as a historic property on the Hawaii register of historic places or the national register of historic places; or (iii) During the period after a nomination for listing on the Hawaii register of historic places or national register of historic places is submitted to the department of land and natural [resources'] state historic preservation division and before the Hawaii historic places review board has rendered a decision; or (F) Within lava zone 1 or lava zone 2, as designated by the United States Geological Survey; (2) Any approval under this subsection shall be consistent with all county zoning, development standards, and requirements pursuant to part II of chapter 205A; and (3) This subsection shall not apply to county powers within special management areas delineated pursuant to part II of chapter 205A. Neither this subsection, any permit issued in accordance with this subsection, or structures developed pursuant to this subsection shall create any vested rights for any applicant, permit holder, or land owner. [L 1957, c 234, pt of §6 and §9; am L Sp 1959 2d, c 1, § 26, 38; am L 1965, c 140; Supp, §i38-42; HRS §46-4; am L 1980, c 203, §1; am L 1981 , c 229, §2; am L 1982, c 54, §5; am L 1985, c 272, §3; am L 1986, c 177, §1 ; am L 1987, c 109, §2, c 193, §1, and c 283, §4; am L 1988, c 141, § 5, 6 and c 252, §1 ; am L 1989, c 313, §1; am L 1990, c 67, §3; am L 1997, c 350, §15; am L 2004, c 212, §2; am L 2005, c 139, §3; am L 2006, c 237, §2; am L 2007, c 249, §7; am L 2011, c 220, § 9, 10; am L 2014, c 193, §7; am L 2015, c 241 , §3; am L 2017, c 170, §2; am L 2024, c 17, §2 and c 39, §3] Cross References APPELLANT EXHIBIT 12, pg. 8 of 15 Zoning within land use districts, see § 2O5-5, 6. See also county charters. Rules of Court Appeal to circuit court, see HRCP rule 72. Attorney General Opinions Counties have the power to prescribe lot sizes within an agricultural district established by the state land use commission. Att. Gen. Op. 62- 33. Preempts conflicting county fire and building codes. Att. Gen. Op. 84- 7. Immunity of state land from county planning and zoning laws extends to private nonprofit lessee undertaking park project in public interest. Att. Gen. Op. 86-3. Law Journals and Reviews Kaiser Hawaii Kai Development Company v. City and County of Honolulu: Zoning by Initiative in Hawaii. 12 UH L. Rev. 181. Honolulu's Ohana Zoning Law: To Ohana or Not to Ohana. 13 UH L. Rev. 505. The Lum Court, Land Use, and the Environment: A Survey of Hawaii Case Law 1983 to 1991. 14 UH L. Rev. 119. The Manoa Valley Special District Ordinance: Community-Based Planning in the Post-Lucas Era. 19 UH L. Rev. 449. Water Regulation, Land Use and the Environment. 30 UH L. Rev. 49. Maui's Residential Workforce Housing Policy: Finding the Boundaries of Inclusionary Zoning. 30 UH L. Rev. 447. No Vacancy or Open for Business? Making Accommodations for Digital Platform Short-Term Rentals in Major American Municipalities. 43 UH L. Rev. 123 (2020). APPELLANT EXHIBIT 12, pg. 9 of 15 Correcting the Legal Fiction of Legislative Deference for All Rezonings to Scrutinize Spot Zoning in Hawaii. 44 UH L. Rev. 167 (2022). Case Notes Kauai county charter section 3.19 and ordinance no. 912 created a land use classification that did not previously exist and established the process developers must follow in order to use their land within that classification. Section 3.19 was an improper zoning initiative and, pursuant to Kaiser Hawaii Kai and subsection (a), section 3.19 was invalid. 955 F. Supp. 2d 1156 (2013). Where county officials assured developer that developer's plans met zoning requirements and developer expended substantial sum in reliance, the city was estopped from denying developer a building permit under a subsequently enacted ordinance. 60 H. 446, 592 P.2d 26. Section does not relate to a city's executive, legislative and administrative structure and organization; zoning by initiative is impermissible. 70 H. 480, 777 P.2d 244. Public utilities commission has the authority to regulate the height of utility poles. 72 H. 285, 814 P.2d 398. As state water code expressly reserves the counties' authority with respect to land use planning and policy, water resource management commission allegedly imposing a "directive" on the counties to designate priorities among proposed uses did not usurp counties' land use planning and zoning authority. 94 H. 97, 9 P.3d 409. Rezoning is a legislative function; a zoning ordinance is a legislative act and is subject to the deference given legislative acts. 102 H. 465, 78 P.3d 1. Where department of planning and permitting director's mixed finding of fact and conclusion of law that a change in nonconforming use was permitted under the land use ordinance was not supported by the record, the appeals court erred when it concluded that the director's ruling "was reasonably based on the evidence before the director and constituted a reasonable application of the applicable zoning ordinance APPELLANT EXHIBIT 12, pg. 10 of 15 and the department's previous interpretation of that ordinance". 121 H. 16, 211 P.3d 74. Grandfather protections afforded a property owner under this section and land use ordinance intended to prohibit new zoning ordinances from interfering with an owner's lawful uses of a building or premises under an existing zoning ordinance. 86 H. 343 (App.), 949 P.2d 183. "Lawful use" and "previously lawful", as used in this section and land use ordinance, respectively, refer to compliance with previous zoning laws, not the building codes or other legal requirements that may be applicable to the construction or operation of a structure. 86 H. 343 (App.), 949 P.2d 183. Subsection (a) establishes a private right of action in favor of a real estate owner directly affected by an alleged land use ordinance (LUO) zoning violation to seek judicial enforcement of the LUO; thus, the circuit court had original subject matter jurisdiction over plaintiffs' zoning enforcement claim; however, the circuit court's jurisdiction was subject to the doctrine of primary jurisdiction where the court was justified in requiring the plaintiffs to first pursue an administrative determination of their claim that defendants had been violating the LUO before proceeding with judicial enforcement of the LUO. 127 H. 390 (App.), 279 P.3d 55 (2012). Public trust duties under article XI, §1 of the Hawaii constitution extended to appellee Kauai County planning commission's review of appellant water bottling company's existing and proposed use of water for its operations; the county's public trust duty under article XI, §1 coupled with the State's power to create and delegate duties and responsibilities to the various counties through the enactment of statutes, established that the county had a duty to conserve and protect water in considering whether to issue a use permit and zoning permit to appellant. 130 H. 407 (App.), 312 P.3d 283 (2013). Previous Vo102 Ch0046-0115 Next APPELLANT EXHIBIT 12, pg. 11 of 15 §2370-1 Definitions. Whenever used in this chapter, unless the context otherwise requires: "Department" means the department of taxation. "Fair market rental value" means an amount equal to one-half of the gross daily maintenance fees that are paid by the owner and are attributable to the time share unit located in Hawaii. Gross daily maintenance fees include maintenance costs, operational costs, insurance, repair costs, administrative costs, taxes, other than transient accommodations taxes, resort fees, and other costs including payments required for reserves or sinking funds. Amounts paid for optional goods and services such as food and beverage services or beach chair or umbrella rentals shall be excluded from fair market rental value. "Gross rental" or "gross rental proceeds" means the gross receipts, cash or accrued, of the taxpayer received as compensation for the furnishing of transient accommodations or entering into arrangements to furnish transient accommodations and the value proceeding or accruing from the furnishing of transient accommodations or entering into arrangements to furnish transient accommodations, including resort fees without any deductions on account of the cost of property or services sold, the cost of materials used, labor cost, taxes, royalties, interest, discounts, or any other expenses whatsoever. Every taxpayer shall be presumed to be dealing on a cash basis unless the taxpayer proves to the satisfaction of the department of taxation that the taxpayer is dealing on an accrual basis and the taxpayer's books are so kept, or unless the taxpayer employs or is required to employ the accrual basis for the purposes of the tax imposed by chapter 237 for any taxable year in which event the taxpayer shall report the taxpayer's gross income for the purposes of this chapter on the accrual basis for the same period. The words "gross rental" or "gross rental proceeds" shall not be construed to include the amounts of taxes imposed by chapter 237 or this chapter on operators of transient accommodations, transient accommodations brokers, travel agencies, and tour packagers and passed on, collected, and received from the consumer as part of the receipts received as compensation for the furnishing of transient accommodations or entering into arrangements to furnish transient accommodations. Where transient accommodations are furnished through arrangements made by a transient accommodations broker, travel agency, or tour packager at noncommissionable negotiated contract rates and the gross income is divided between the operator of transient accommodations on the one hand and the transient accommodations APPELLANT EXHIBIT 12, pg. 12 of 15 broker, travel agency, or tour packager on the other hand, the tax imposed by this chapter shall apply to each operator and transient accommodations broker, travel agency, or tour packager with respect to that person's respective portion of the proceeds and no more. For purposes of this definition, where the operator maintains a schedule of rates for identifiable groups of individuals, such as kamaainas, upon which the accommodations are leased, let, or rented, gross rental or gross rental proceeds means the receipts collected and received based upon the scheduled rates and recorded as receipts in its books and records. "Lease", "let", or "rental" means the leasing or renting of living quarters or sleeping or housekeeping accommodations in hotels, apartment hotels, motels, condominiums or units defined in chapter 514B, cooperative apartments, rooming houses, or other places in which lodgings are regularly furnished to transients for a consideration, without transfer of the title of such property. "Local contact" means an individual residing on the same island as the transient accommodation or resort time share vacation unit or an entity with a place of business and at least one employee, officer, partner, member, or other person working on behalf of the company who is residing on the same island as the transient accommodation or resort time share vacation unit. "Occupant" means an owner of a resort time share vacation plan or other person occupying the resort time share vacation unit. "Operator" means any person operating a transient accommodation, whether as owner or proprietor or as lessee, sublessee, mortgagee in possession, licensee, or otherwise, or engaging or continuing in any service business which involves the actual furnishing of transient accommodation. "Owner" means any person who owns a resort time share vacation interest; provided that to the extent and for those purposes provided in an agreement of sale, the vendee under the agreement of sale shall be considered the owner of the resort time share vacation interest. "Plan manager" means a person who undertakes the duties, responsibilities, and obligations of managing a resort time share vacation plan or is required to act for a resort time share vacation plan under this chapter. "Resort fee" means any mandatory charge or surcharge imposed by an operator, owner, or representative thereof to a transient for the use of the transient accommodation's property, services, or amenities. "Resort time share vacation interest" means any interest in a resort time share vacation unit or plan which entitles the owner thereof to the APPELLANT EXHIBIT 12, pg. 13 of 15 use, occupancy, or possession of a resort time share vacation unit on a periodically recurring basis. "Resort time share vacation plan" means any plan or program subject to chapter 514E in which the use, occupancy, or possession of one or more resort time share vacation units circulates among various persons for less than a sixty-day period in any year, for any occupant. The term resort time share vacation plan includes both resort time share vacation ownership plans and resort time share vacation use plans, as follows: (1) "Resort time share vacation ownership plan" means any arrangement whether by tenancy in common, sale, deed, or by other means, whereby the purchaser receives an ownership interest and the right to use the property for a specific or discernible period by temporal division. (2) "Resort time share vacation use plan" means any arrangement, excluding normal hotel operations, whether by membership agreement, lease, rental agreement, license, use agreement, security, or other means, whereby the purchaser receives a right to use accommodations or facilities, or both, in a resort time share vacation unit for a specific or discernible period by temporal division, but does not receive an ownership interest. "Resort time share vacation unit" means the actual and promised accommodations, and related facilities, which are the subject of a resort time share vacation plan. "Taxpayer" means any person liable for any tax in this chapter. "Transient accommodations" means the furnishing of a room, apartment, suite, single family dwelling, shelter, or the like to a transient for less than one hundred eighty consecutive days for each letting in a hotel, apartment hotel, motel, condominium or unit as defined in chapter 514B, cooperative apartment, vehicle equipped with or advertised as including sleeping accommodations, dwelling unit, or rooming house that provides living quarters, sleeping, or housekeeping accommodations, or other place in which lodgings are regularly furnished to transients. "Transient accommodations broker" means any person or entity, including but not limited to persons who operate online websites, online travel agencies, or online booking agencies, that offers, lists, advertises, or accepts reservations or collects whole or partial payment for transient accommodations or resort time share vacation interests, units, or plans. [L 1986, c 340, pt of §1 ; am L 1988, c 65, §2 and c 241 , §2; am L 1990, c 185, §3; am L 1998, c 156, §15; am L 2004, c 164, § 8, 35(5); am L APPELLANT EXHIBIT 12, pg. 14 of 15 2005, c 93, §7; am L 2008, c 28, §5; am L 2015, c 93, §1 and c 204, §3; am L 2017, c 181 , §11 ; am L 2018, c 211 , §2; am L 2019, c 20, §1 ; am L 2021, c 90, §2 and c 117, §16; am L 2024, c 17, §3] Note The 2018 amendment applies to taxable years beginning after December 31 , 2018. L 2018, c 211 , §6. Case Notes Online travel companies were not "operators" required to pay transient accommodations tax assessed on the gross rental or gross rental proceeds derived from furnishing transient accommodations and payable by operators; for purposes of the transient accommodations tax, only the hotels are operators. The definition of "operator" does not contemplate or allow for multiple operators when a transient accommodation is furnished. 135 H. 88, 346 P.3d 157 (2015). Previous Vo104 Ch0201-0257 Next APPELLANT EXHIBIT 12, pg. 15 of 15