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

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is a lot of pieces, and I agree that’s probably the best way to approach this presentation. So, as Planning conducts their presentation, go ahead and feel free to ask questions as we go. Ms. Jackson? JACKSON: Thank you, Chair Unger. Good morning, everyone. So the next item on the agenda is Bill 108, Draft 4, related to short-term vacation rentals. This was initiated by the Hawai‘i County Council, and the Council referred the bill to the Planning Director and the Windward and Leeward Planning Commissions for comment and recommendations. The Windward Commission met in early September and they made a few recommendations, which are at the very end of my presentation we can go over. So this bill adds a new section to the Zoning Code and amends other sections of the code related to short-term vacation rentals. The purpose of the bill is to manage the impacts of these short-term vacation rentals by defining where this use will be allowed; establishing provisions and standards to regulate this use; and providing an avenue for an existing use deemed to be improper by this ordinance, to apply for a nonconforming use certificate that would allow them to continue to operate in a non-permitted district. So, what is a short-term vacation rental? Bill 108, Draft 4, does not seek to regulate all vacation rentals that are rented on a short-term basis. The bill defines “short-term vacation rentals” as a dwelling unit of which the owner or operator does not reside on the building site, which has no more than five bedrooms for rent on the building site, and is rented for a period of thirty consecutive days or less. And the Zoning Code defines a “building site” as a parcel of land or lot. So the bill does not cover the rental of a dwelling unit where an operator or owner lives on the property. Some examples of those are dwellings or other buildings where six or more rooms are rented; these are considered hotels, inns or lodges in the Zoning Code, even if they occur within a dwelling. Another example of a type of short-term rental that’s not covered by this bill are dwellings where no more than five bedrooms are rented for a period of 180 days, consecutive days or less, when the owner or an operator resides on the building site; so these are considered hosted short-term rentals and can include bed and breakfast establishments, or renting rooms of a dwelling on a short-term basis to not more than five unrelated people, which is defined as a family in the Zoning Code. And just to note, a bed and breakfast establishment currently in the code allows up to ten guests and the service of continental breakfast meals. And then the last type of rental that’s not regulated by this bill are dwellings that are rented on a long-term basis, which is typically six months or longer. So before I move on, does the Commission have any questions about how Bill 108 is defining short-term vacation rentals? CHURCH: My only question is if the slide were turned off, how many people could possibly recite what a short-term vacation rental is or isn’t? \[Laughter from the audience.\] JACKSON: Yeah, it’s a long definition, but rather than say what is not, I think it’s a lot easier to say what it is, yeah? Okay, so, where are short-term vacation rentals permitted? The bill identifies the following zoning districts and areas where existing and new short-term vacation rentals can operate as a permitted use: Resort-Hotel zoning districts; General Commercial zoning districts; Downtown 2 EXHIBIT B