HomeMy WebLinkAboutCOM 0675.456 2022-2024August 19, 2024
a
County Council of Hawai'i
Policy Committee on Planning, Land Use, and Development -'
25 Aupuni St
Hilo HI ' 96720
,b
Re: Recommended amendments to Bill 121, draft 2
Aloha Madam Chair and committee members,
The Sierra Club of Hawai'i, Hawai'i Island Group would like to recommend the following
amendments to Bill 121, draft 2 (removal—stfike *t,,.,,,,gh , underlined in green=ad itlons):
Section 5.
Section' •• to
Ivi��Oa•��a�r�e�..0�.a�G.�so�Ci OG.CC.use•��C�i�ao C....nr.Cn••�--.
na.+oG�a'Cae.•�.•0.:�.•y��y�yiO.v Guiv�ei•o•O.uc••�a���ie�.•e•iii
IN
1 {
Explanation: Hawai'i is in the midst of the most serious affordable housing crisis of any state.
It has the highest per capita rate of homelessness and highest priced housing. 1 out of every 18
homes in Hawai'i is a transient accommodation rental with the number and percentage of homes
being converted to TARs increasing every day. The income created by TARs incentivizes
potential buyers to purchase at the maximum appraised value of the property. This increases
property tax assessments for nearby properties. Ample public testimony has proven TARs
decrease the quality of life in neighborhoods. Hawai'i's residents are already turning sour on
the tourism -based economy and its impacts on our lives. Disallowing any new TARs will ensure
that existing housing will not be taken out of the housing market. It will ensure that any
additional housing completed over the next two years will be truly residential, whether it be a
local resident or for a second-, third-, or fourth -homeowner. After the two year moratorium on
new TARs, the county can determine if the moratorium has had a positive impact on housing or
not and whether it should be ended or extended.
Section 11.
Section 25-5-52(a)(18) Transient accommodation rentals, Owner —hosted, as permitted by
chapter 205 H awai'i Revised Statutes.
Explanation: State Supreme Court rulings are imminent that may or may not allow for owner -
hosted TAR in the state Agricultural Land Use District (Ag LUD). Currently, if a single-family
6 O Bo)(N a.37 4-@il«, !-98 `)672 113o"
Ref. To: G
dwelling is within the Ag LUD and is associated with a farm and/or farming activities, then the
TAR could be considered "agricultural tourism", which is allowed under HRS 205. If it is not
located within the Ag LUC, then the issue is moot.
Section 12.
Section 25-5-62(a)(19) Transient accommodation rentals, Owner —hosted, as Permitted. by
SLJjjpter j05 Ha ai'i Revised Statutes and alpermitted under section 25-5-67 �bande).
,
Explanation: The language in Section 25-5-62(a)(9), "Dwelling, single-family..." should be
duplicated in Section 25-5-62. State Supreme Court rulings are imminent that may or may not
allow for owner -hosted TAR in the Ag LUD. Meanwhile, it is essential that county zoning law
be explicitly consistent with state law to avoid misapplication. Currently, the primary use of a
dwelling in the state Ag LUD must be in association with a farm or farming activities.
Commercial tourism businesses operated out of dwellings in the state Ag LUD violate state law.
Section 13.
Section 25-5-72(a)(22) Transient accommodation rentals, Owner —hosted, as permitted b
ha ter 205 ljaw Pi Revised SjgjHjgj and. as e fitted -5-67CtLand e Jj. under section 25
Explanation: The language in Section 25-5-72(a)(10), "Dwelling, single-family..." should be
duplicated in Section 25-5-72(22). State Supreme Court rulings are imminent that may or may
not allow for owner -hosted TAR in the Ag LUD. Meanwhile, it is essential that county zoning
law is explicitly consistent with state law to avoid misapplication. The primary use of a dwelling
in the Ag LUC must be in association with a farm or fanning activities. Commercial tourism
businesses operated out of dwellings in the state Ag LUD violate state law. Better safe than
sorry.
Mahalo for this opportunity to testify.