2025-10-22 Appellants Exhibit 19_Letter to PC

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homes, and diminishes the long-standing bikeability and walkability character of the neighborhood since 2018. I have been complaining that the owner illegally rents out four bedrooms to twelve unrelated persons not authorized under the definition of"family" in the Zoning Code and Planning Department Rules, when only two bedrooms were approved in the original 2019 short-term vacation rental registration and NUC, to no avail. After May 3, 2024, the effective date of Act 17 (S.B. No. 2919) and the changes to HRS 46-4(a), the Director and the Planning Department no longer have the authority to provide a SMA exemption available for single-family residences to buildings and premises with transient accommodation uses. Under strict statutory interpretation, interior and exterior alterations to existing buildings or premises used for transient accommodations that add bedrooms or increase the gathering capacity of the transient accommodation, increase the density or intensity of use of the land are included in the definition of development, HRS § 205A-22(C). Planning Commission Rules of Practice and Procedure, Rule 9 and Chapter 205A must now be read in pari materia with Act 17 changes to HRS § 46-4(a), in pertinent part as follows: In no event shall [suck] 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 days. 2 APPELLANT EXHIBIT 19, pg. 2 of 41