2018-09-20 Leeward Exh B (Bill 108 re Short-term Vacation Rentals)

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overseen as it is. So what is the thought process behind having residential owners coming in to the Leeward Planning Commission with a Use Permit and applying? YEE: Not for that specific location because, I don’t have all the details, but I think it’s clear based on feedback we are getting that the intention was to address non-hosted rentals, so if there is management of condo-hotels or other areas, you know, that’s some of the adjustments we would want to make for those situations in condo-hotels. I don’t know this area that you are referring to, well enough to — UNGER: I’m just referring to a single-family residence in Kūki‘o Resort Subdivision that is offering short-term vacation rentals. I imagine they have a property manager and is overseen by the homeowners association, etcetera, etcetera. YEE: I would generally say right now the bill would have them come in for a certificate, nonconforming use certificate. And again, the intention there from the bill is to have management in residential areas. Again, you know, whether, the problems we are having in other areas where they were, you know, being problematic were in residential areas, and so this was the fix. The unintended places that may have heavy management stuff is what we have to consider. JACKSON: Okay, Recommendation No. 6 is to add the following section to the bill, to the bill’s permitted uses section: “Special Permits in the State Land Use Agricultural district shall not be issued to permit short-term vacation rentals in farm dwellings since State law requires farm dwellings to be used to house farm workers rather than vacationers.” And, as I mentioned before, you should have received a letter from the State Land Use Commission that confirms this position that State law allows the Planning Commission to issue Special Permits for any land use that is reasonable and unusual and is consistent with State law, as well as the Zoning Code, related to lands within the Agricultural district, even if the land use is not specifically listed in the Zoning Code as a permitted use for that zoning district. So in this case Bill 108 as it’s drafted now does not specifically say in the Agricultural district short-term vacation rentals are permitted. But there is still the Special Permit mechanism that can be used through the Planning Commission to permit any use on State land. And so this recommendation is basically saying since short-term vacation rentals are un-hosted meaning there is no owner on site that’s actively farming the property, that allowing short-term vacation rentals even through a Special Permit in the Agricultural district would not be consistent with State law. And so that is the reason for wanting to add the section. KEALOHA: Can I — \[checking the microphone\] DARROW: You are on. KEALOHA: Can I just clarify that we are talking about both farm-dwellings as well as additional farm-dwellings? JACKSON: That’s correct. 14 EXHIBIT B