HomeMy WebLinkAboutCOM 0675.280 2022-2024Date: July 411 2024
To: Hawaii County Council
From: Nick Benoit, Elite Pacific
Aloha Council Members,
COUNHY CLF C�K
COMITY 01 H�'�3' All
70M JUL - Fil 12. 11
Asa representative of numerous property owners at Elite Pacific, I am submitting this
testimony to highlight the logical and practical implications these changes will have on our
community.
1. Importance of Amendment 6 (COM 0675.165)
The proposed change to reduce the rental period from 180 days to 30 days is essential for
the livelihood of many property owners. This adjustment aligns with current rental
practices and meets the demands of visitors who typically stay for shorter durations.
Without this amendment, property owners will be forced to obtain nonconforming use
permits, which are not only cumbersome but also unnecessary given the nature of their
operations. Furthermore, it's noteworthy that Councilmember Heather Kimball, who
initially opposed this change, now recognizes its importance and supports it.
2. Clarification of Events vs. Gatherings
The current definitions of events and gatherings are too broad and open to subjective
interpretation by the planning director. This lack of clarity creates uncertainty and potential
for inconsistent enforcement. We propose establishing specific criteria to more clearly
differentiate between events and gatherings, ensuring that property owners can confidently
comply with regulations without fear of arbitrary decisions.
3. Maximum Renter Limit
The proposed changes to the maximum renter limit are restrictive and contradictory.
Section 2a under Good Neighbor Standards contradicts the registration process, where no
exceptions are allowed. Many of our property owners have existing bookings well into the
next year that exceed these new limits, and their properties are specifically designed to
accommodate larger groups and families. Imposing these limits would force them to seek
additional non -conforming use certificates, which is both impractical and unfair. We
advocate for returning to the previous standards or adhering to the recommendations of
the planning director and the Leeward Planning Commission, which included provisions for
unique homes built for larger groups. In a meeting with Councilmember Inaba on the fourth
of July, he also made the suggestion that the definition of maximum renter limit be changed
to three people per bedroom, which is a step in the right direction. bUOV
Comm, No
Ref. To;
Ref. Date JUL — 8 2024
4. Reporting Requirements and Penalties
The current reporting requirements for hosting platforms are excessively burdensome,
especially for property management companies like mine that list on platforms like VRBO
and Airbnb. Companies like Airbnb and VRBO already report metrics to the County through
these platforms, making double reporting redundant.
We propose the complete removal of this reporting requirement on the basis that the
additional data being reported is not more certain than the current system and would
create an unnecessary workload for the county on the enforcement side. Instead, we
suggest reinforcing the requirements for each host to publicly display their license number
and tax license numbers in all listing information. This would allow the county to review the
information for accuracy and ensure compliance with the requirements set by the county.
Moreover, the penalties for missing a reporting deadline, which can reach up to $10,000,
are excessively punitive. Such fines could devastate smaller operations and impose undue
stress on larger companies. We propose a more reasonable penalty structure that
acknowledges the realities of property management.
5. Definition of "Subordinate and Clearly or Customarily Incidental"
The term "subordinate and clearly or customarily incidental" needs clear definition. For
instance, if a host resides in one bedroom and rents out the rest of the house, is this
considered subordinate? Please consider deleting this section entirely. Clear guidelines
are necessary to prevent subjective interpretations by the planning director, ensuring fair
and consistent application of the rules.
G. Conclusion
In conclusion, the proposed changes have significant implications for many property
owners. It is essential to address these concerns with logical, clear, and fair regulations
that support both property owners and the broader community. I urge the council to
consider these points carefully and make adjustments that reflect the practical realities of
property management and short-term rentals.
Thank you for your time and consideration.
Sincerely,
Nick Benoit
Representative of Elite Pacific Management Property Owners
Elite Pacific