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Home My WebLink AboutCOM 0675.159 2022-2024 00,177°c..,y' Deanna S.Sako ��,'I��%i Managing Director Mitchell D.Roth > +: �'�"s,410:• Mayor ='�' • — Robert H.Command ;;:4: 4......' Deputy Managing Director Comfy of 1. a ni`.l @fftcr of i E Alavor 25 Aupuni Street,Suite 2603 • Hilo,Hawai'i 96720 • (808)961-8211 • Fax(808)961-6553 KONA: 74-5044 Ane Keohokalole Hwy.,Bldg C • Kailua-Kona,Hawai'i 96740 (808)323-4444 • Fax(808)323-4440 May 24, 2024 o(-) co c-; Heather Kimball, Council Chair >.17' and Members of the County Council yr County of Hawai`i 25 Aupuni Street Hilo, HI 96720 Dear Chair Kimball and Members: SUBJECT: County Council Initiated Bill No. 121 (PL-CCI-2024-000003) Amendment to Chapter 25, Article 1, Article 4, and Article 5 of the Hawaii County Code 1983 (2016 Edition, As Amended) Relating to Transient Accommodation Rentals and Hosting Platforms As required by Chapter 7, Sec. 6-7.5 (a)(3), Hawai`i County Charter, transmitted herewith for the County Council's consideration and action are the Windward and Leeward Planning Commissions' letters regarding the above-referenced request. Sincerely,. MITCHELL D. ROTH Mayor TCouncilPL-CC I-2024-003 B i11121 . Enclosures cc: Planning Department Comm. No. `' i Ref.To: County of Hawai`i is an Equal Opportunity Provider and Employer. Ref. Date .-.• n Mitchell D. Roth �o'MtY'��.................. Dennis Lin,Chair Mayor , ;. `• Louis Daniele III,Vice Chair ";, , :► Lauren Balog Deanna S.SakoT•r_ Managing Director •'.JTT: e Wayne De Luz '' Matthias Kusch oi:Nf = Chantel Perrin County of Hawaii WINDWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawai`i 96720 Phone(808)961-8288 • Fax(808)961-8742 May 23, 2024 Heather Kimball, Council Chair and Members of the County Council County of Hawai`i • 25 Aupuni Street Hilo, HI 96720 Dear Chair Kimball and Council Members: SUBJECT: County Council Initiated Bill No. 121 (PL-CCI-2024-000003) Amendment to Chapter 25,Article 1,Article 4,and Article 5 of the Hawaii County Code 1983 (2016 Edition,As Amended) Relating to Transient Accommodation Rentals and Hosting Platforms The Windward Planning Commission (Commission), at its duly held continued public hearing on May 2, 2024, considered the County Council Initiated Bill No. 121, amending Chapter 25, Article 1, Article 4, and Article 5 of the Hawai`i County Code 1983 (2016 Edition, as Amended) relating to transient accommodation rentals and hosting platforms. The Commission deliberated on the bill but failed to pass a motion for action. Section 25-2-43(b) indicates that the Commission has 120 days to provide a recommendation to the County Council from the date the bill is transmitted to the Planning Director. If the Commission fails to act in that period of time, such inaction shall be considered as an unfavorable recommendation by the Commission. Since the Commission failed to act by May 29, 2024, an unfavorable recommendation of Bill No. 121 is being provided to the County Council. The Commission's discussion of Bill 121 can be found at the following You Tube recording on April 4, 2024 hops•://www.votitube.com/watch?v=lFwf$i0mnYVc&t=Is (See YouTube Timestamp 7:47:01) and May 2, 2024 https://www.youtube.com/watch?v=sZ pgGaTLfA (See YouTube Time Stamp 20:25). The Planning Department's background report, recommendation report, PowerPoint presentation, and public testimony are available for review at the following Laserfiche WebLink address: https://records.hawaiicounty.gov/WebLink/1/fol/130111/Row 1.aspx Haivai'i County is an Equal Opportunity Provider and Employer • Heather Kimball, Council Chair and Members of the County Council May 23, 2024 Page 2 • Should there be any questions, please feel free to contact Planning Program Manager, Maija Jackson at(808)961-8159. Sincerely, May 23,2024 01:05 PM Dennis Lin, Chairman Windward Planning Commission LCouncillnitiatedBill121 PL-CCI-2024-003wpc ZY osH Mitchell D. Roth //o�`�;' •. •'•'.., Barbara DeFranco,Chair Mayor / : �' , a,,,;. Mahina Paishon-Duarte,Vice Chair Deanna S. Sako ••_ �'�: _ • Michael Dela Cruz Managing Director % j °"'• Clement"Cr Kanuha III County of Hawaii LEEWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawai`i 96720 Phone(808)961-8288 • Fax(808)961-8742 May 23, 2024 Heather Kimball, Council Chair and Members of the County Council County of Hawai`i 25 Aupuni Street Hilo, HI 96720 Dear Chair Kimball and Council Members: SUBJECT: County Council Initiated Bill No. 121 (PL-CCI-2024-000003) . Amendment to Chapter 25,Article 1,Article 4,and Article 5 of the Hawai`i County Code 1983 (2016 Edition,As Amended)Relating to Transient Accommodation Rentals and Hosting Platforms The Leeward Planning Commission, at its duly held continued public hearing on May 22, 2024, considered the County Council Initiated Bill No. 121, amending Chapter 25, Article 1, Article 4, and Article 5 of the Hawai`i County Code 1983 (2016 Edition, as Amended) relating to transient accommodation rentals and hosting platforms. • The Commission voted to forward a favorable recommendation of Bill No. 121 to the County Council based on the Planning Director's recommendation, inclusive of the proposed amendments by County Council Chair Heather Kimball to Sections 25-4-16.1 and 25-4-16.2 in her letter to the Commission dated April 30, 2024, totaling twenty-two (22) recommendations as follows: Material to be deleted is bracketed and stricken. New material is underscored. Recommendation#1 Under Section 2. Amend the definition of transient to state: "Transient" or "transients" means any visitor or person who rents or uses lodging or dwelling unit, portion thereof, for [less than one hundred eighty days] thirty consecutive days or less and whose permanent address for legal purposes is not the [lodging or dwelling unit occupied by the visitor] transient accommodation rental. Based on the preceding, the definition of transient accommodation should also be amended to state: "Transient accommodation" means the furnishing of a room, apartment, suite, single family dwelling, or the like to a transient for [less than one hundred eighty consecutive days] Hawai•i County is an Equal Opportunity Provider and Employer Heather Kimball, Council Chair and Members of the County Council May 23, 2024 Page 2 thirty consecutive days or less. [for each letting in a hotel, apartment hotel, motel, condominium or units as defined in chapter 511B, cooperative apartment, dwelling unit, or rooming house that provides living quarters, sleeping, or housekeeping accommodations, or other place in which lodgings are regularly furnished to transients. (Reference section 237D 1, Hawai`i Revised Statutes.) "Transient" accommodation rental" means transient accommodation excluding: (1) Hotel, motels, and inn's; Apartment hotels; Boarding facilities; Lodges; and Timeshares.] Recommendation#2 Delete the term "second dwelling" in Section 25-4-16.1(a)(2) and Section 25-4-16.2(b)(2) and replace the term with"additional dwelling unit" Recommendation #3 Under Section 25-4-16.1(b)(1), amend as follows: "(1) If the transient accommodation rental has been in regular use in an ohana dwelling or additional dwelling unit (excluding an additional farm dwelling unit) on the same building site, the owner shall have the burden of proof in establishing that the ohana dwelling or additional dwelling unit (excluding an additional farm dwelling unit) was in use as a transient accommodation rental on or before January 1, 2024, and may register by obtaining a nonconforming use certificate pursuant to this section." Recommendation #4 Section 25-4-16.1(b) and Section 25-4-16.2(c) should identify existing bed and breakfast establishments that may become nonconforming uses should Bill 122 be adopted. Therefore, under the two sections listed above, the following should be added: "Any bed and breakfast which received approval prior to [effective date of Bill 121] through issuance of a use permit or special permit, is considered a legal use of the affected parcel as a hosted transient accommodation rental and may continue to operate provided the conditions of approval of the use permit or special permit have been met and the good neighbor standards and advertising and signage standards in section 25-4-16.17 (Transient accommodation rental operation standards) are met." Recommendation#5 Remove Section 25-4-16.3(c)(3) and 25-4-16.4 as follows: "[(3)Nonconforming Use Certificate: S599]. Recommendation #6 Change Section 25-4-16.5(1) as follows: "(1) The transient accommodation rental must have off- street parking as required by the department's transient accommodation rental parking schedule set forth in section 25-4-51 or applicable parking standards in this chapter;" Recommendation#7 Clarify the conflict between the date in Section 25-4-16.1(b)(1) and Section 25-4-16.2(c)(1) with the date that is found in Section 25-4-16.6(a) to ensure that the dates of existing transient accommodation rentals are in alignment with acceptable dates for nonconforming use. Heather Kimball, Council Chair and Members of the County Council May 23, 2024 Page 3 • Recommendation#8 Amend Section 25-4-16.7(a)(6) as follows: "(6) An [notaHized affidavit] declaration in a format determined by the director[, and submitted under penalty of perjury,] that the transient accommodation rental meets health, safety, and code requirements." Recommendation#9 Amend Section 25-4-16.7(a)(7) and Section 25-4-16.17(2)(A) to add that the renter limit • "...shall be limited to no more than 2 adults per bedroom and an additional two adults for the transient accommodation rental unit as a whole, unless authorized by the Director." Recommendation#10 Under Section 25-4-16.7(8), add current transient accommodation tax license as a requirement for registration. Recommendation#11 Delete the requirement to submit a certification of tax clearance shown in Section 25-4- 16.7(a)(9) as follows: [(9) County of Hawaii real property tax clearance certificate] Recommendation#12 Under Section 25-4-16.13(a), consider adding a requirement that the notification be sent to all surrounding property owners once the transient accommodation rental registration number has been issued and remove the requirement to inform neighbors on instructions on how to submit complaints to the planning department. Recommendation#13 Under Section 25-4-16.17(2)(C), consider adding the following formula to determine how to calculate a gathering size, "The total gathering size shall not exceed double the overall renter limit and shall only use [the] off-street parking or legal on-street parking [ transient a ,mod tion re„tal " Recommendation #14 While Section 25-4-16.17(2)(E) addresses special types of events such as weddings, in an effort to provide clarity to inspectors and allow for easy identification of unpermitted uses, consider adding the following: "...and the special permit or use permit numbers are clearly displayed on the same platform as the registrations, any advertisements." Recommendation#15 Recommend amending Section 25-4-16.17(3)(D) to remove the transient accommodation number from the roadway signage requirement. Recommendation#16 Recommend amending Section 25-4-16.20(4) to remove the "public list" and replace it with "database". • Heather Kimball, Council Chair and Members of the County Council May 23, 2024 Page 4 Recommendation#17 Under Section 25-4-16.27, consider deleting the word"hosted". Recommendation#18 Under Section 25-4-17.4(a), consider removing the requirement that a notice of violation be sent in writing within ten days of the occurrence of a violation and replace it with the provision that the notice be sent within ten days of the directors' determination that a violation has been committed. Recommendation#19 Add "Transient Accommodation Rentals, Operator-hosted" as a permitted use in the following sections: Article 5, Division 1, Section 25-5-3(a)(14) (Single-Family Residential Districts), Division 2, Section 25-5-22(a)(16) (Double-Family Residential Districts), Division 3, Section 25-5-32(a)(20) (Multiple-Family Residential Districts), Division 4, Section 25-5-42(a)(24) (Residential-Commercial Mixed Use Districts), Division 9, Section 25-5-92(a)(36) (Resort-Hotel Districts), Division 10, Section 25-5-102(a)(37) (Neighborhood Commercial Districts), Division 11, Section 25-5-112(a)(55) (General Commercial Districts), Division 12, Section 25-5- 122(a)(48) (Village-Commercial Districts) and Article 7, Division 2, Section 25-7-22(a)(48) (Downtown Hilo Commercial District). Recommendation #20 Add "Transient Accommodation Rentals, Owner-hosted" as a permitted use in the following sections: Article 5, Division 1, Section 25-5-3(a)(15) (Single-Family Residential Districts), Division 2, Section 25-5-22(a)(17) (Double-Family Residential Districts), Division 3, Section 25-5-32(a)(21) (Multiple-Family Residential Districts), Division 4, Section 25-5-42(a)(25) (Residential-Commercial Mixed Use Districts), Division 5, Section 25-5-52(a)(19)(Residential and Agricultural Districts), Division 6, Section 25-5-62(a)(19) (Family Agricultural Districts), Division 7, Section 25-5-72(a)(22)(Agricultural District), Division 9, Section 25-5-92(a)(37) (Resort-Hotel Districts), Division 10, Section 25-5-102(a)(38) (Neighborhood Commercial Districts), Division 11, Section 25-5-112(a)(56) (General Commercial Districts), Division 12, Section 25-5-122(a)(49) (Village-Commercial Districts) and Article 7, Division 2, Section 25-7- 22(a)(49) (Downtown Hilo Commercial District). Recommendation#21 Add "Transient Accommodation Rentals, Un-hosted" as a permitted use in the following sections: Article 5, Division 1, Section 25-5-3(a)(16) (Single-Family Residential Districts), Division 2, Section 25-5-22(a)(18) (Double-Family Residential Districts), Division 3, Section 25-5-32(a)(22) (Multiple-Family Residential Districts), Division 4, Section 25-5-42(a)(26) (Residential-Commercial Mixed Use Districts), Division 9, Section 25-5-92(a)(38) (Resort-Hotel Districts), Division 10, Section 25-5-102(a)(39) (Neighborhood Commercial Districts), Division 11, Section 25-5-112(a)(57) (General Commercial Districts), Division 12, Section 25-5- 122(a)(50) (Village-Commercial Districts) and Article 7, Division 2, Section 25-7-22(a)(50) (Downtown Hilo Commercial District). Heather Kimball, Council Chair and Members of the County Council May 23, 2024 Page 5 • Recommendation#22 Amendment to Section 25-4-16.1 Owner-hosted transient accommodation rentals, subsection (a) to read as follows: "a) Where permitted. When the transient accommodation rental is subordinate and clearly or customarily incidental to its use as the principal home of the owner, a transient accommodation rental may be registered at any time in any zoning district subject to the following requirements: 1) The transient accommodation rental shall be located in a single- family dwelling, inclusive of a detached bedroom or guesthouse; 2) The transient accommodation rental shall not be permitted in an additional farm dwelling, second dwelling, or ohana dwelling; and 3) The owner shall live [in a single family dwelling] on the building site of the [home and not live in a guesthouse or detached bcdroom of a single family dwelling] transient accommodation rental." Amendment to Section 25-4-16.2 Operator-hosted transient accommodation rentals, subsection (b) to read as follows: "b) Additional conditions. 1) The transient accommodation rental shall be located in a single-family dwelling, inclusive of a detached bedroom or guesthouse; 2) The transient accommodation rental shall not be permitted in an additional farm dwelling, second dwelling, or ohana dwelling; and 3) The owner shall live [in a single family dwelling] on the building site of the [home and not live in a guesthouse or detached bedroom of a single family dwelling] transient accommodation rental." The reasons for these recommendations can be found in the Planning Department's recommendation report. The Planning Department's background report, recommendation report, PowerPoint presentation, and public testimony are available for review at the following Laserfiche WebLink address: https://records.hawaiicounty.gov/WebLink/1/fol/134416/Rowl.aspx Should there be any questions, please feel free to contact Planning Program Manager, Maija Jackson at(808) 961-8159. Sincerely, 'aiba-a De anco Barbara DeFranco(May 23,2024 16:26 HST) Barbara DeFranco, Chairperson Leeward Planning Commission P\wp60\PC\PCC2024-2\CouncillnitiatedBill 121 PL-CCI-2024-0031pc