2018-09-06 Hearing Transcript - Council Initiated Bill 108, Draft 4

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JACKSON: Thank you, Chair Clarkson. Good morning, everyone. So, for this presentation, what I've done is pretty much taken each slide out of the Background Report that we provided to you and the recommendations that were made. So, you can follow along in your Background and Recommendation, and I think it might be helpful rather than having me go through all twenty something slides and then wait for questions. If the Commissioners have questions as we're going through the slides, if you can just go ahead and interrupt me and ask your questions at that time, okay? So, Bill 108, Draft 4 is related to short-term vacation rentals. This bill was initiated by the Hawaii County Council, and it was referred to the Planning Director and the Windward and Leeward Planning Commissions for comment and recommendations. The bill adds a new section to the Zoning Code, and it will amend other sections related to short-term vacation rentals. The purpose of this bill is to manage the impacts of 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 short-term vacation rental deemed to be improper by the ordinance to apply for a nonconforming use certificate, which 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. Bill 108 defines short-term vacation rentals as a dwelling unit of which the owner or operator does not reside on the building site, and that's a key issue there. These are non -hosted or un -hosted vacation rentals, which has no more than five bedrooms for rent on the building site and is rented for a period of 30 consecutive days or less. And, the Zoning Code defines a "building site" as a parcel of land or lot. So, basically, it means the owner or operator has to reside—does not reside on the property. This bill is CLARKSON: —Let me just ask. JACKSON: Okay. CLARKSON: So, there could be multiple buildings, and if one building is used for a short-term rental and the owner lives in another building, but it's on the same property, that would count as owner occupied. JACKSON: So, if there's two dwellings on the property and an owner or operator lives in one of the dwellings, then it would be considered a hosted rental and so this bill would not apply to either of the dwellings being rented out. So, the bill does not cover the rental of a dwelling unit where an operator or owner lives on the property such as dwellings or other buildings where six or more rooms are rented. You notice if we go back to the definition, it specifically says which has no more than five bedrooms for rent. So, buildings or dwellings that have six or more rooms are considered hotels, inns, or lodges in the Zoning Code even if they occur within a dwelling. So, the bill would not apply to those uses. EXHIBIT C 2