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

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short-term vacation rentals outside of permitted zoning districts will also need to apply for a nonconforming use certificate. And I’ll explain what that is a little bit later. So there was, there are parts of the current bill that do not require registration of certain existing short-term vacation rentals, for example, in the CV zoning district or in the RS district in the Resort and Resort Node areas, and Council staff said that’s not what we intended. So we are making a recommendation, No. 7, to reformat that section of the bill so that all existing short-term vacation rentals are required to register. So, how are new short-term vacation rentals permitted? The bill also requires registration of all new short-term vacation rentals established in zoning districts where the use is permissible, but the bill does not require registration for new short-term vacation rentals that may be established outside of permissible zoning districts, such as, with a Special Permit, in the County Agricultural zoning district in the State Land Use Agricultural district. So that is another consideration that would need to be made, and I believe the Department made a recommendation to, again, require registration of those short-term vacation rentals as well. So the registration process, it includes submitting a form and 250-dollar filing fee to the Planning Department. The applicant would need to submit a site plan showing the location of the rooms for rent and requisite parking pursuant to Section 25-4-51 of the Zoning Code. That section requires one parking space for each rented bedroom in addition to one space for the dwelling unit if rooms are rented individually, or two parking spaces if the dwelling unit is rented as a whole. And I should note here that that section of the code I just cited only applies to single-family dwellings, double-family and duplex; it does not apply to multi-family condo structures. The Zoning Code requirement for multi-family condo structures would still be 1.25 spaces per unit, so that would not change. So the applicant would also need to submit verification that State of Hawai‘i general excise tax and transient accommodation tax licenses are in effect, as well as verification that a letter has been sent to all surrounding owners and lessees within 300 feet of the property, notifying them about the details of the short-term vacation rental operations, such as the number of units being rented, maximum number of guests permitted, number and location of parking spaces, and instructions of how to submit complaints to the Department. And I do also want to mention we have received a lot of testimony about the last item, requiring notification to surrounding property owners. It’s not currently written into the bill, but for condo buildings often times they are managed by one manager and there are, you know, the Commission could consider adding language where just the condo managers notified or somehow distributes that to the owners of that condo; that way a lot of letters aren’t being generated for each individual unit owner. Okay, so, before I move on, are there any questions on registration from the Commission? SHIMAOKA: Maija, my question is obvious. How do you enforce this? \[Laughter from the audience.\] JACKSON: That’s a good question. Which, which part? The whole thing? SHIMAOKA: Pretty much, I mean, who’s to say that now we encourage people to just go rogue and basically do things on their own without registering. 7 EXHIBIT B