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Home My WebLink AboutCOM 0186.000 2016-2018 410 •••••-,, �ZY OFk .. ^ 'moo• '., Wil Okabe • pp` \,li%. Managing Director • II r� 11'�\�� :n i Harry Kim �•„%,..� Mayor -. +�sg Barbara J.Kossow +y`� ..:..•:•��= Deputy Managing Director • F OF•HP'S-• C1Ii utfv tf%Aran ®fftxr >af fip 4JLzvr.>xr 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 COUNTY CLERK (808)323-4444 • Fax(808)323-4440 COUNTY OF HAWAII RECEIVED TimB Time-6'3�] y • Date- March 1 4 1017 March 13, 2017 Valerie T. Poindexter, Council Chair and Members of the County Council County of Hawai`i 25 Aupuni Street • Hilo, HI 96720 Dear Chair Poindexter and Council Members: SUBJECT: County Council Initiated (Bill No. 256, Draft 2) Amendment to Chapter 25, Article 4, Section 25-4-51 of the Hawaii County Code 1983 (2016 Edition, as Amended) Relating to Off-Street Parking and Loading As required by Chapter 7, Sec. 6-7.5 (a), Hawai`i County Charter, transmitted herewith for the County Council's consideration and action are the Windward and Leeward Planning Commissions' letters and enclosures regarding the above-referenced request. Sincere , /1\ k/ :,+/\ HARRY KIM Mayor Enclosures cc: Planning Department <1 °.tt.i 1k caSia CIO 14-`2.0% A-estA)>. !ant. No. /gc0 Ref. To: PC Ref. Date MAR 2 2 2017 County of Hawai`i is an Equal Opportunity Provider and Employer. , , Ha Kim ,i:--. yl�iK Gregory Henkel,Chair Harry '. Myles Miyasato,Vice Chair Mayor .'�� ::^.�i. . Y ar' ..� Joseph Clarkson "`- Dorm Dela Cruz = ' '' i•oTA.!{' Donald Ikeda Raylene Moses County of Hawaii WINDWARD PLANNING COMMISSION Aupuni Center • ICI Pauli)Street.Suite 1 • Hilo.Hawai'196720 Phone(808)961-8285 • Fax(808)961-8942 MAR 1 3 2017 Valerie T. Poindexter, Council Chair and Members of the County Council County of IIawai`i 25 Aupuni Street Hilo, HI 96720 Dear Chair Poindexter and Council Members: SUBJECT: County Council Initiated (Bill No. 256) Amendment to Chapter 25, Article 4, Section 25-4-51 of the Hawaii County Code 1983 (2016 Edition, as Amended) Relating to Off-Street Parking and Loading The Windward Planning Commission, at its duly held public hearing on February 1, 2017, considered County Council Initiated Bill No. 256, amending Chapter 25, Article 4, Section 25-4-51 of the Hawaii County Code 1983 (2016 Edition, as Amended) relating to Off-Street Parking and Loading. The Commission voted to forward a favorable recommendation of Bill No. 256 to the County Council with the suggested revisions recommended by the Planning Director. We are enclosing copies of the Planning Director's Background and Recommendation and the draft transcript of the hearing for your information. Sincerely, Gregory Henkel, Chairman Windward Planning Commission [Council nititedbillnc256wpc Enclosures cc: Planning Department - Kona Hmwai'1 County is an Equal Opportunity Provider and Employer oe y' . I arry Kim ��_ Keith F. Unger, Chair Mayor • is k. Collin Kaholo,Vice Chair Nancy Cart Smith `~- '=•:/ Scott Church '••��i'i'•�n Perry Kcaloha Barbara Nobriga Oliver"Sonny" County of Hawaii LEEWARD PLANNING COMMISSION Aupuni Center• 101 Pauahi Street.Suite 3 • lido,Ilawai i 96120 Phone(SOX)96l-8288 • Fax(808I 961-8742 MAR 1 3 2017 Valerie T. Poindexter, Council Chair and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chair Poindexter and Council Members: SUBJECT: County Council Initiated (Bill No. 256) Amendment to Chapter 25,Article 4, Section 25-4-51 of the Hawaii County Code 1983 (2016 Edition, as Amended) Relating to Off-Street Parking and Loading The Leeward Planning Commission, at its duly held public hearing on February 16, 2017, considered County Council Initiated Bill No. 256, amending Chapter 25, Article 4, Section 25-4-51 of the Hawai`i County Code 1983 (2016 Edition, as amended) relating to Off-Street Parking and Loading. The Commission voted to forward a favorable recommendation of Bill No. 256 to the County Council with the suggested revisions recommended by the Planning Director. We are enclosing copies of the Planning Director's Background and Recommendation and the draft transcript of the hearing for your information. Sincerely, /rw4 2 Keith F. Unger, Chairman Leeward Planning Commission LCuundlinitiiedbi11no356lpe Enclosures cc: Planning Department - Kona Hawaii County is an Equal Opportunity Provider and Employer • BR-CCInhialcd-BiIn$6TmvlcntPih'ng doc(/17/17 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND AND RECOMMENDATION COUNTY COUNCIL INITIATED BILL NO.256 AMENDMENT TO CHAPTER 25,ARTICLE 4, SECTION 25-4-51 OF THE HAWAI'I COUNTY CODE 1983 (2016 EDITION,AS AMENDED), RELATING TO OFF-STREET PARKING AND LOADING The Hawai'i County Council has introduced Bill No. 256 that seeks to amend Chapter 25,Article 4, Section 25-4-51 of the Hawai'i County Code 1983 (2016 Edition, as amended),relating to off-street parking and loading. The purpose of this amendment is to establish the required number of parking spaces for dwellings that are occupied for a period of less than one hundred eighty(180)days. BACKGROUND 1. The County Council proposes Bill No. 256(Planning Department Exhibit 1)to amend Chapter 25 (Zoning Code),Article 4, Section 25-4-51 of the Hawai'i County Code 1983 (2016 Edition,as amended), relating to off-street parking and loading. Bill No. 256 proposes to add the following section to the 'Off-Street Parking and Loading"section of the Zoning Code: "The number of parking spaces for each use shall be as follows: Dwellings, single-family and double family or duplex that are occupied for any period of less than one hundred eighty days: one for each guest bedroom, in addition to one for the dwelling unit. " 2. The purpose of this amendment is to establish minimum off-street parking requirements for dwellings that are occupied for a period of less than 180 days, such as vacation rentals and other short-term home rentals. Currently there are no specific off-street parking requirements for short-term rentals and the like in the Zoning Code because the County does not regulate these land uses. 3. A vacation rental or short-term home rental is a single-family residence or duplex that is rented on a short-term basis to generate income for the property owner. The Zoning Code currently requires two (2)parking spaces per single-family and double-family or duplex dwelling unit,which is a commonly accepted rate in other communities around the state and country. -I- 4. Maui County, Kauai County and the City and County of Honolulu regulate short-term home rentals,also referred to as transient vacation rentals, and have established the following parking requirements for this land use: • The Maui County Code requires two (2)parking spaces per single-family dwelling unit,and one(1) additional parking space if there are more than four (4)bedrooms used for short-term rental home use, for a total of three(3) parking spaces. • The Kauai County Code designates specific geographic areas of the island, in resort and residential areas,to allow transient vacation rentals and does not require additional parking for these rentals. • The City and County of Honolulu Code only allows transient vacation rentals in the medium-density apartment zoning district, although some non- conforming transient vacation rentals are permitted in other areas of the island. One(1)parking space is required for the dwelling unit but no additional spaces are required for the transient vacation rental. 5. The Department of Public Works-Traffic Division(DPW), which receives complaints related to parking on public streets, such as vehicles blocking driveways or the roadway, has indicated they receive very few complaints associated with short- term home rentals.A recent complaint was received involving a short-term home rental where the homeowner rented the rooms in the home individually rather than renting the entire home to one family. Guests were parking perpendicular(90 degrees)to the roadway, which partially blocked the shoulder of the roadway and prevented a neighbor from being able to take a boat out of their driveway onto the one-lane public road. On-street parking was not prohibited by DPW in this area,but perpendicular parking was not allowed in this area. DPW notified the homeowner that guests must park parallel to the road. (PD. Exhibit 2-Department of Public Works Letter dated August 23, 2016 responding to complaint) ANALYSIS While it is important that adequate off-street parking is provided for short-term home rentals so that guests do not regularly park along public roads,the Planning Director believes Bill No. 256 is too restrictive by not considering that many -2- homeowners rent their entire home to one family rather than renting each room individually.The bill would unfairly impact homeowners that rent their entire house to one family at a time. For example, Bill No. 256 would require four off-street parking spaces if a typical three-bedroom home were rented on a short-term basis to one family. Since most visitors that rent an entire house typically have one or at the most two rental vehicles,we fail to see why four parking spaces would be needed. This requirement would be difficult to meet in areas like Kailua-Kona,Hilo and other small towns around the island where lot sizes are relatively small and homes are often situated closer to the roadway,which make it difficult to provide large amounts of off-street parking spaces. Often times on-street parking is also available in these areas for the general public to use. Instead the Planning Director recommends consideration of the following language which would meet the intent of Bill No. 256,without burdening homeowners to provide excessive on-site parking when renting their house to one family. "Dwellings, single-family and double family or duplex that are occupied for any period less than one hundred eighty days: one space for each rented bedroom in addition to one space for the dwelling unit if rooms in the dwelling unit are rented individually, or two spaces if the dwelling unit is rented as a whole." This recommended language would allow homeowners to "self-regulate"the rental of their home based on the amount of space they can provide on their property for parking. For example, if a homeowner has a three-bedroom home but there is only enough space to provide two (2)parking spaces on-site,they would have the option of renting one(1) room of their home individually or the entire home to a family.This would provide them flexibility in how they rent their home while still providing sufficient parking. In this example,if Bill No. 256 were approved in its current form, it would only allow the rental of one(1)bedroom to a guest and does not allow for rental of the entire house to a family. It is important to note that if adopted,the parking requirements in Bill No. 256 would be the strictest in the State for vacation rentals and short-term home rentals. This may have the effect of reducing the number visitors to our island if these short-term rental homes and vacation rentals cannot provide sufficient parking to meet this new • -3- requirement. In some communities new laws are being implemented to discourage vacation rentals and short-term home rentals for various reasons such as competition with hotels. According to the Hawaii Tourism Authority's 2015 Visitor Plant Inventory, these types of rentals may be fulfilling segments of market demand that have been underserved by Hawai`i's traditional visitor accommodations. These include the market for lower- priced accommodations and demand for accommodations in parts of the islands that appeal to visitors but do not have hotels. Thus, the Planning Director suggests any changes to the off-street parking and loading requirements for vacation rentals and short- term home rentals be made thoughtfully so that the safety and convenience of surrounding neighbors is balanced with the economic benefits of providing a mix of visitor accommodations. RECOMMENDATION For the reasons detailed above,the Planning Director recommends that the Planning Commissions send a favorable recommendation of Bill No.256 to the County Council with the suggested revision recommended by the Director. _q_ • Greggor ' Office:1808)965-2712 CouncilMeagan i .� 4—Member ll 17 pm il: gil (808)9w-27W District 4—Puna Mahal � Ematfrgilagan@hawaiicounry.gov a(�awaiicounry.gov HAWAII COUNTY COUNCIL 25 Aupuni Street,Hilo,Hawaii 96720 .. TO: Duane Kanuha,Director Planning Department FROM: fr. Greggor(lagan,Chair 17 Committee on Planning DATE: November 15,2016 SUBJECT: Referral of Bill 256;an Ordinance amending Chapter 25,Article 4,Section 25-4-51 of the Hawaii County Code 1983 (2016 Edition,as amended)relating to off-street parking and loading. Pursuant to Section 25-2-43(b)of the Hawaii County Code,I am submitting Bill 256,enclosed for your comment and recommendation.I also request that you forward the same to the Windward and Leeward Planning Commissions for their comment and recommendation as well. Please forward your response to the Council Chairperson. For informational purposes,Bill 256 was referred for comment and recommendation to the Planning Director and the Windward and Leeward Planning Commissions by the Hawaii County Council's Committee on Planning on November 15,2016. Thank you for your attention to this matter. Enc. Gl:ps • • thwart County Is an Equal Opportunity Provider And Employer 108571 Planning Dept. Exhibit • COUNTY OF HAWAII I'.�� '� '," STATE OF HAWAII BILL NO. 256 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 25,ARTICLE 4,SECTION 25-4-51 OF THE HAWAII COUNTY CODE 1983(2016 EDITION,AS AMENDED)RELATING TO OFF-STREET PARKING AND LOADING. SECTION 1. Purpose. The purpose of this ordinance is to establish the required number of parking spaces for dwellings or lodging units that are occupied for a period of less than one hundred eighty days. SECTION 2. Chapter 25,article 4,section 25.4-51,of the Hawai'i County Code 1983 (2016 Edition,as amended), is amended by amending subsection(a)to read as follows: "(a) The number of parking spaces for each use shall be as follows: (1) Agricultural tourism:one for each three hundred square feet of gross floor area used principally for the agricultural tourism activity,but not fewer than three spaces,plus bus parking if buses are allowed. (2) Bed and breakfast establishments: one for each guest bedroom,in addition to one for the dwelling unit. (3) Bowling alleys:four for each alley. (4) Commercial uses,including retail and office uses in RCX,CN,CO, CV,MCX,V,RA,FA,A and IA districts: one for each three hundred square feet of gross floor area. (5) Day care centers:one for each ten care recipients of design capacity or one for every two hundred square feet of gross floor area, whichever is greater. (6) Dwellings,multiple-family:one and one quarter for each unit.In the CDH district,one for each unit on a property maintaining a unit density higher than one thousand square feet of land area per rentable unit or dwelling unit. (7) Dwellings,single-family and double-family or duplex:two for each dwelling unit. In the CDH district,one for each unit on a property maintaining a unit density higher than one thousand square feet of land area per rentable unit or dwelling unit. (8) Dwellings,single-family and double-family or duplex that are occupied for any period of less than one hundred eighty days:one for each guest bedroom,in addition to one for the dwelling unit. [(8)](9) Funeral homes, funeral services,mortuaries,end crematoriums:one for each seventy-five square feet of gross floor area. [(9))f I O) Golf courses:four for every hole. [(4.93]f II) Hospitals:one for each bed. [(443](12) Hotels and lodges: (A) For hotel guest units without a kitchen,one for every three units; (B) For hotel guest units with a kitchen,one and one quarter for each unit. IS )](13) Industrial uses in ML,MG,MCX,RA,FA, A and IA districts:one for each four hundred square feet of gross floor area. [(13)]f 14) Laundromats,cleaners(coin operated): one for every four machines. [(4.4)](15) Major outdoor amusement and recreation facilities:one for each two hundred square feet of gross floor area within enclosed buildings, plus one for every three persons that the outdoor facilities are designed to accommodate when used to the maximum capacity. [(433](16) Meeting facilities,including churches: one for each seventy-five square feet of gross floor area. [(46)](17) Nursing homes,convalescent homes,rest homes and homes for the elderly:one for every two beds. [0 7)1 fib Parks: as determined by the director. [(48)](19) Recreation facilities,outdoor or indoor,other than herein specified: one for each two hundred square feet of gross floor area,plus three per court(racquetball,tennis or similar activities). [(4i9)](20) Rooming and lodging houses,religious,fraternal or social orders having sleeping accommodations:one for each two beds. [(20)](21) Schools(elementary and intermediate):one for each twenty students of design capacity,plus one for each four hundred square feet of office floor space. [(-24))131 Schools(high, language,vocational,business,technical and trade, college):one for each ten students of design capacity,plus one for each four hundred square feet of office floor space. [(22)]f23) Sports arenas,auditoriums,theaters,assembly halls:one for every four seats. [(23)](24) Swimming pools(community):one for each forty square feet of pool area. [(24)](25) Warehouse and bulk storage establishments where there is no trade or retail traffic:one for each one thousand square feet of gross floor area. SECTION 3. Material to be deleted is bracketed and stricken,material to be added is underscored. In printing this ordinance,the brackets,bracketed material,and underscoring need not be included. _2_ SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED 8 Y: n . COUNCIL MEMBER,COUNTY Y OF HAWAII Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: REFERENCE Comm 1151 -3- DENNIS"FRESH"ONISHI y5 "5 PHONE: (808)961-8396 + ' �) FAX: (808)961-8912 Council Memberf � e'�i r(� � •I EMAIL:eontrF✓Yru.morwwn.yw District 3 HAWAII COUNTY COUNCIL 25 Aupuni Street.Hilo,Hawaii 96720 n. 1111 0111 MEMORANDUM Q c N• ^ti an '.-C DATE: October 25,2016 - TO: Dru Mamo Kanuha,Council Chair W • And Members of the Hawaii County Council W' --� FROM: @t•Dennis"Fresh"Onishi,Council Member SUBJECT: An Ordinance Amending Chapter 25,Article 4, Section 25-0.51,of the Hawaii County Code 1983(2016 Edition,as Amended),Relating to Off- Street Parking and Loading. Attached is a bill amending chapter 25,article 4,section 25-4-51,of the Hawaii County Code 1983 (2016 Edition,as Amended),relating to off-street parking and loading. Please place this on the next appropriate committee agenda. Thank you. DO/de Att. <Bat ]5(05 Cernr .Ra, ° 61 Retro. HeLOaht rk a7 jp/(u ll.rwai'i C:(Juno,is an Equal Opportuniy Prurider and Employer. W111/am P.Kenai I•14V. "reel. Warren H.W.Lee Mapr Director Randall Kunlun _ Brandon A.K.Coveeler. Managing Director — Dept"Director County offnui`i DEPARTMENT OF PUBLIC WORKS Aupunl Center 101 PauAi Suns,Suite 7•Hilo,Hawaii 96720-422a (8081961-8321•Fax(808)961-8610 www.co.Mwaii.Nm August 23,2016 SUBJECT: PARKING CONCERN FRONTING.W.KAHAOPEA STREET Section 24-204 of the Hawaii County Code Dear We were notified about a concern that people residing at your property are perpendicular(90 degree)parking in the shoulder area adjacent to IN W.Kahaopea Street,causing sight distance and safety problems for people hying to exit their driveway. The request was to prohibit parking along the entire length of W.Kahaopea Street in this area. After looking into this matter,we decided to restrict parking for the driveways only and to inform you that,per Section 24-204 of the Hawaii County Code,unless otherwise designated by County Council and applicable striping and/or signage,perpendicular parking on County roadways is not allowed. Section 24-204.Angle parking;designation;marking of spaces. (a) The council shall determine upon what streets angle parking shall be permitted. (b) It shall be the duty of the County or State highway engineer to mark or sign such areas. (c) The areas of streets described in section 24-286.1,schedule 34.1,are designated as angle parking permitted areas. (1975 C.C.,c.6,art. 14,sec.2;Am. 1998,Ord.No.98-2,sec. I.) We feel that if people abide by the aforementioned rule and parallel park in a safe manner as far off the roadway as possible,we can preserve parking in the subject area without causing problems for the other residents. The next and more drastic alternative would be to completely prohibit parking. County of Hawaii is an Equal Opportunity Provider and Employer. Planning Dept. - Exhibit 2 If you have any questions,feel free to contact me at 961-8321. Thank you for your time. Sincerely, yI n. f ee .Lee.P.E. C ector,D arhnent of Public Works ATT Copy: Police Chief TRF-ATT County ofHawai i is an Equel Oppo2uuty Provider and Employer. • . . .1) --., 44 . V 11 % cs °L-' LN a IIIIIMMIPIII MIMI Q V) � p ` • 4J Uo z o 4.3 o � o c °' °' .� -"Ci ■ a O V) . sm. 0 U 0 17-1 C3)CS 0b E0.. . o 0 ' ` V o o4Th L �.._. . . CD � ' a, '''''0 18 E v1,...: o `ti L`Yy CS l ""Fri4";O °IJ kipo° ' = N Q) � v CO ›, Q -.F., k...4--, Qvl "1:3 E oz)o Q o • tna) -,--) 0 0 E u (13 � a512 z � o �' o +� o 4-' "6.1Ln O `ti 's •fZIJ '— V Q0CSk°� � o Q0 v C WINDWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT FEBRUARY 1, 2017 A regularly advertised hearing on County Council Initiated Bill No. 256 was called to order at 9:50 a.m. in the County of Hawai`i Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawaii with Chairman Gregory Henkel presiding. COMMISSIONERS PRESENT: Joseph Clarkson, Gregory Henkel, Donald Ikeda, Myles Miyasato, and Raylene Moses. ABSENT & EXCUSED: Donn Dela Cruz. ALSO PRESENT: Michael Yee (Planning Director), Daryn Arai (Deputy Planning Director), Malia Ho (Deputy Corporation Counsel for the Windward Planning Commission), Jeff Darrow (Planning Program Manager), Maija Jackson (Staff Planner), and Sarah Hata-Finley (Commission Secretary). And 6 members from the public in attendance. APPLICANT: INITIATOR: COUNTY COUNCIL (BILL NO. 256) An Ordinance amending Chapter 25, Article 4, Section 25-4-51 of the Hawai`i County Code 1983 (2016 Edition, as amended),relating to off-street parking and loading. The purpose of this amendment is to establish the required number of parking spaces for dwellings or lodging units that are occupied for a period of less than one hundred eighty(180) days. The County Council is referring Bill 256 to the Planning Director and the Windward and Leeward Planning Commissions for comment and recommendations. HENKEL: We'll move on to Agenda Item No. 2. The Applicant is the County Council, Bill No. 256, and Maija will present, please? JACKSON: Thank you, Mr. Chair. Okay, the next item on the agenda is a County Council initiated bill related to off-street parking and loading requirements in the Zoning Code. So, the Council's bill is suggesting a change to the Zoning Code in order to address parking for short-term rental of homes, and the language that they're proposing to add to the Code is shown here. It says, "The number of parking spaces for each use shall be as follows: Dwellings, single- family and double-family or duplex that are occupied for any period of less than one hundred eighty days"would require one parking stall for each guest bedroom in addition to one parking stall for the dwelling unit. And, the Planning Director is—excuse me—is recommending a favorable recommendation for the bill with some suggested changes, however. And, the reason we're suggesting these changes is because we feel that this language being proposed doesn't—it would negatively impact homeowners who are trying to rent out their home, their entire home, to one family rather than individual bedrooms. 1 1 And, so this is, this is the language that the Director is proposing. "Dwellings, single-family, and double-family or duplex that are occupied for any period less than 180 days: one parking stall [space] for each rented bedroom in addition to one space for the dwelling unit if rooms in a dwelling unit are rented individually." And, that language right there is similar to the proposed Bill 256 except for we added if the, if the rooms in the dwelling unit are rented individually. Or, if the dwelling is rented as a whole, the parking requirement would be two stalls. And, that is similar to the parking requirement that's currently in the Code for a single-family dwelling, that—that two parking spaces be provided. And, like I said, the reason for that suggested language is just so that any homeowner who's trying to rent out their house as a whole rather than each room individually is not required to come up with, you know, a large amount of on-site parking spaces that aren't actually being used. And, that concludes my presentation. Are there any questions? HENKEL: Thank you, Maija. MIYASATO: I have a question. HENKEL: Mr. Miyasato. MIYASATO: Maija, what is the current fine for a, someone who is doing short-term rental and not being permitted. JACKSON: Currently, the County does not regulate short-term rentals like vacation rentals. We do regulate bed and breakfast establishments, and for that, as you know, they would either have to come in and get a Use Permit or a Special Permit, depending on whether they're in an Urban area or Agricultural area. So, the difference between the bed and breakfast and the unregulated short-term vacation rentals is that with a bed and breakfast, the operator is on site, and they would serve a breakfast. And, then the other difference is the density, meaning, for the short-term vacation rentals, since they aren't regulated, they basically allow five unrelated people to be in that dwelling at one time. Whereas, with a bed and breakfast, you can have up to ten people at one time so two, two guests per bedroom. HENKEL: Are there any other questions of staff? Okay— CLARKSON: —No, I do. HENKEL: Oh, I'm sorry, Joe. CLARKSON: It's not really a question as much as a comment. I see in the ordinance text that was attached as background, three different kinds of transient accommodation businesses— B&B's, the short-term vacation rentals, and hotels and lodges. And, I would like to see the parking requirements for these three kind of rationalized. B&B's have twice the density, 2 potentially twice the density as the short-term rental, but this language would require virtually the same parking as a B&B. Hotel units without a kitchen, which would be the equivalent of a bedroom and a house, you only have to have one parking for three units, not one for each unit. So, I—I don't know. This seems to be, to me, a little bit harder on the short-term vacation rental than, certainly much more onerous than the hotel guest units without a kitchen, and the same as, say, a B&B that could have as many as, could have twice as many people in the building. JACKSON: Would you like me to respond to that? CLARKSON: Please. JACKSON: Okay. So, the hotel use, it's not really shown here, but if you look at the definition of a hotel in the Code, hotels do not occur within a single-family dwelling, so it's a, it's a different type of use. The closest thing to what this bill is trying to address would be the bed & breakfast establishment. And, the bill and the suggested change to the bill both are kind of in line with that B&B parking requirement. Basically, it says if you're renting a room, you have to provide one parking space per room. So, that's actually consistent. But, the difference with the, the Bill 256 is that some people do just rent vacation rentals as an entire home to one family, so it's not fair if somebody comes over on vacation and rents a rental car and comes with their whole family to rent the home. There's—there's no reason why they would need three additional parking spaces, if they've just rented one or maybe two vehicles. It would be similar to like having just a family live in the house. And, so, that's, that's the reason for that. HENKEL: Mr. Ikeda? IKEDA: You know, I, I support the Director's recommended language. It's much better than the original, but my concern isn't so much about the language. My concern is will the Council considered this language? And, I know what the Director recommended, you know, for approval,but I'm afraid that the Council might just stick to their language and not necessarily adopt the Director's recommendation. JACKSON: Yeah, we, we debated whether to make a favorable or unfavorable recommendation. We supported the intent of the bill, but just wanted to add that, that additional clarification which is why we went with favorable. But, in hindsight, I can see your point, Commissioner Ikeda, and it may be more appropriate to go with an unfavorable recommendation on what they're actually proposing and then to recommend any proposed language that the Commission sees fit. HENKEL: Yeah, the Council is going to, you know, make a determination, you know, with or without our approval, but that's why it's important to have our discussion here so that, you know, if, whether we approve or disapprove, they kind of know where we're coming from. And, Mr. Clarkson, your, your comments were kind of indicating that you feel that the, the language is too restrictive. To clarify for me- 3 CLARKSON: —Well, I, I just have the feeling. Here's a—a business that's basically unregulated and now they, the Council is proposing to jump in and regulate one aspect of that business which is parking. My understanding is that there hasn't been a whole lot of, of trouble caused by short-term vacation rental parking, and I don't know. I just—why make, why make a change to the zoning ordinance, if that's what this is, the County Code, for basically what appears to be not much of a reason. And—and making the change just makes life harder for people who presumably haven't been causing much of a problem anyway. HENKEL: Yeah, I agree that, you know, I feel that small, diversified businesses should be nurtured more than restricted, but I don't know how to, to react to this yet, you know. JACKSON: That's, that's a fair assessment, and we did point out in the Background Report some of the parking requirements for other areas in the State. And, Maui County, Kauai County, and City& County of Honolulu all do allow short-term vacation rentals and their parking requirements are less restrictive than what the Council is proposing. HENKEL: Are there any more comments or questions of staff? Okay, now I see a County Council Member in the audience. Were you going to come up and comment, Susan? LEE LOY: I wasn't going to comment. Aloha— HENKEL: —Thank you, thank you for being here. Would you raise your hand, please? LEE LOY: Yeah, sure. HENKEL: Do you swear or affirm to tell the truth in this matter before the Commission? LEE LOY: I do. HENKEL: Thank you. State your name and where you reside. LEE LOY: Sure. Aloha, my name is Sue Lee Loy. I live in Hilo. I actually am here because my predecessor initiated the Bill 256. So, in follow up to the work that he was doing previously, you know, I began to track it. Do I have any comments? You know, I think the process allowed for the Council to hear some concerns, initiate a process, and then send it down to the Department that has the skill sets and the resources to evaluate them. Having reviewed the Background Report, you know, like you folks, I trust the skill sets and the technical expertise coming from the Planning Department. What I also am hearing is Commissioner Ikeda does have some concerns about what the Council will do. I cannot speak for them, but if you, I think if you folks provide them clarity on what you folks support and what you folks don't support, that will be reflected in the record that goes up to the County Council, and then we can allow them to evaluate it based on their districts, and their districts' needs. 4 I know what goes on in my district. I'm not sure how it will impact other districts, but, you know, that's, that's the process that's available to us and, you know, we'll go ahead and vet it one more time up at the County Council. HENKEL: Thank you, Susan. Does anyone have any questions for Susan Lee Loy? Thank you. You may be seated. Is there any other public testimony on this issue? Oh, I'm sorry, here we go. Rufus Sonognini—I hope I'm pronouncing that correctly—, Sandra Pak, and Alicia Chang, will you please come forward? Would you please raise your right hands? Do you swear or affirm to tell the truth on this matter before the Planning Commission? SONOGNINI: Yes, I do. PAK: Ido. HENKEL: Thank you. Let's start with you. Are you Alicia? CHANG: Yes. HENKEL: Okay. CHANG: Yes, my name is Alicia Chang. HENKEL: And where, please your name,where you reside, and keep your— CHANG: —I reside— HENKEL: —testimony to three minutes, please— CHANG: —Okay, I reside— HENKEL: —and speak in the mic.— CHANG: —at 88 Maikai Street, and I'm here to talk about the parking in my neighborhood. We have an owner in our, new, in our place. She's fairly new to the neighborhood. She owns five cars, five vehicles. She also rents rooms in her house so when she has tenants, her cars are parked all over in the neighborhood blocking, sometimes blocking the next neighbor's driveway, so they have a hard time to get out. She was parking across my house, so her tenants would come at all times of the day. Sometimes late at night knocking on my door, you know, trying to find her residence. And, so when it rains, her vehicles are parked outside of her driveway `cause she has five cars, and her tenants goes into her garage. So, that's why I'm here because she is, like she's not very neighborly. She does what she wants to do no matter how nice you talk to her or whatever. She will do what she wants. Thank you. HENKEL: Ms. Pak, please? 5 PAK: Yes. We're having the same problem with this particular neighbor. HO: Oh, sorry. Can you please state your name and where you reside, please? Thank you. PAK: Oh, my name is Sandra Pak, and I live on West Kahaopea Street. We're having the same problem with her multiple cars. I wanted to ask, with this recommendation behind us, are the spaces for parking to be provided by the proprietor if you have a vacation rental? Or are you talking about city and county street parking, like one per individually rented out room? HENKEL: Maija will answer that. JACKSON: This would be off-street parking requirement. So, if the person is renting four bedrooms, they would have to provide five spaces. PAK: On their dwelling? JACKSON: On their property, yes. PAK: Okay, because I don't think that is happening right now according to our observation. Besides taking up practically all the spaces provided across from her residence which is I think city and county property and blocking either entrance or exit from people's driveways. She is also parking on our private property. She has used our driveway after repeated warnings. A sign has been posted. In fact, several signs were up not to use this space at the beginning of our driveway which is our private driveway, and, or to use the driveway to get into a space that she created by herself on her property, and she sticks her cars' tail out on our property. She has put up a canopy there, and it's on our property, and the rebar marker which was done by our survey and her surveyors last year—our survey was done long time ago. The markers are right there, and she continues to like violate and go over the property. We have called the police last year. I called the police, and he went over to explain to her about the property and that she should not be violating private property rules, but she still continues and today as in the past, she has always parked on our private property or used our private driveway when she has her own driveway and her own garage. So, she is not right now providing any of the—say for example—if she has, is renting out three rooms, and then she would need three parking spaces for the individually rented out rooms and her own. One for her own. She's not providing, I think, four spaces on her resident [sic]. Or her private property. HENKEL: Thank you. SONOGNINI: I believe it's my turn. HENKEL: Yeah, am I saying your name right, Mr. Sonognini? SONOGNINI: That's perfect. 6 HENKEL: Oh wow. Okay, please state your name and where you reside, sir. SONOGNINI: Yes, I will. My name is Rufus Sonognini, and I'm representing my neighborhood on West Kahaopea about this bed and breakfast and vacation rental that has been running business for the last 4-1/2 years without a license or a permit, without a license for a bed &breakfast. But long story short, I'm representing them because of what she does to us. I'd like to show you folks these pictures how she parks her vehicles, and the vacation rental there. [Secretary's Note: Mr. Sonognini's photos were circulated among the Commissioners.] HENKEL: Yeah, if you could, we'll pass them from here. SONOGNINI: And I have a proposal. I want you folks— HATA-FINLEY: Microphone, please. SONOGNINI: I want you folks to know that we have a one-lane road, and she's blocking our one-lane road and our driveways— HO: —Please speak into the microphone. Thank you. SONOGNINI: And, our driveways. A one-lane road and our driveways. We have been trying to be so nice to her to help her to understand that what she is doing is not right for our neighborhood. We've been there over 50-60 years, and she has come in and just been viciously rude to us, and does everything to harass us in our, in the process of parking. We are disgusted with it. We had enough of this problem with her for the last four years, and we want something done about these bed &breakfasts. I'm not saying all bed &breakfast is like that. I've lived in Kailua and Lanikai for 19-20 years. Never had a problem with vacation rentals. Never. I move here, and I get this vacation rental from—I'm not criticizing people from the mainland that open up vacation rentals, but please have some respect for our neighbors and our neighborhood that has been there for 50-60 years. It's a one-lane road, and she parks her vacation rental cars, or her cars, right on the edge of the road where the people that live there have to go on the side of the road where it's all mud and rocks to get around her cars because we can't get through. I mean, something has to be done about this because enough is enough. I mean, like I said, have some respect for our neighbors. Why is she so mean and so cruel to us? We just don't understand. And, that's all we have to say is that please do something about these bed &breakfast people that—and another thing I wanted to ask her was when she says they have to have parking for vehicles that rent their places, is it on city roads? Or is it in private property? HENKEL: That's been answered. It needs to be off-street, the parking. SONOGNINI: I don't understand that. HENKEL: Off, off the road, on private property. 7 SONOGNINI: Yes. So, I went to the State, City, Planning Department, Tax Department. I finally got somebody to help me to get parallel parking. Even at parallel parking, she still does vertical parking with her vehicles. Most of those vehicles are hers, especially the blue van, and so on and so on. She does this purposely to harass our neighborhood. Purposely. So, that's all I have to say, and I thank you for your hearing. I really appreciate that you folks hear our testimony. Thank you very much. HENKEL: Thank you, Mr. Sonognini, and thank all of you. We really appreciate your coming up and, and your input. Does anybody have any questions for the testifiers? CLARKSON: Yeah, I do. How, so somebody mentioned as an example, three short-term renters in this person's property. Is that, is that the maximum number, a typical number or did— SONOGNINI: —No, more than that. CHANG: Her? ARAI: Microphone, please. CLARKSON: I'm just— CHANG: —Her? Her house. It's double-story, so she lives on the bottom part of the house, and on the top portion, there's three bedrooms on the top portion. CLARKSON: Okay. CHANG: So, she rents the top portion by rooms. CLARKSON: Okay, and these are— CHANG: —And the neighborhood— CLARKSON: —These are, these are short, very short term. They're not permanent boarders, but— CHANG: —Yeah, short term, but the neighborhood never knew about this until maybe I would say ten years ago that she was doing something like this. CLARKSON: And, and how many parking spaces or how much, how many cars can she actually fit on her property without going out to the—because you mentioned a garage, but— CHANG: —Yes, in her garage— CLARKSON: —does she have any other place- 8 CHANG: —her garage is a two-car garage. CLARKSON: Okay. CHANG: But then she has a long driveway where she puts her other cars. CLARKSON: Okay— CHANG: —So she owns five vehicles, but when she rents out her rooms, her vehicles, her own vehicles is [sic] parked outside, but sometimes her own vehicles are outside for like a month. Sometimes a week, more than a week. CLARKSON: But, I'm just trying to make, make it clear in my mind, if she didn't have any renters, she could park four cars on her property. SONOGNINI: No, what it, what it is, on the average, she usually has at least, I would say, four or five couples, or some with children, so in order for her to get those cars, five or six cars in that parking area, she parks her cars and the extra that she can't fit in there on public parking, you see. CLARKSON: Okay. No, so that answers my question. She, even if we adopted, even if the Council adopted this language, she would be in compliance if she can park five or six cars on her property. So, I just wanted to point that out— SONOGNINI: —Right, okay— CLARKSON: —because although I sympathize— SONOGNINI: —Right— CLARKSON: —there's apparently no law that prevents people from owning as many cars as they want— SONOGNINI: —Right— CLARKSON: —and parking them all over the neighborhood. SONOGNINI: Well, that's— CLARKSON: —But— SONOGNINI: —that, but the problem we're having is she's not respecting the law as far as parking it parallel with the road or where the park—I had to go through the Act of Congress to get the State, City& County, and the Planning Department, and the Tax Department to get the city to put parallel parking, so now that we have parallel parking, she parks four of her cars on 9 the parallel parking and where we're supposed to park, it's all no parking now. She gets all the parking, and we get no parking. CLARKSON: Okay, no, I understand that— SONOGNINI: —And I have, I'm surely sure you saw the boat on that picture. I cannot get my boat out because her vehicles is [sic] blocking my driveway. It's a one-lane road, now. It's not a two-lane road. It's a one-lane road, and she's blocking everybody's driveway. And, that's not fair. Now you got it? HENKEL: I've got a comment or a question. I'm kind of concerned about the language. Is there a standard for off-street parking? Does it have to be graveled or paved? I mean, I saw the cars just— SONOGNINI: —No— HENKEL: —pulled up on the grass— SONOGNINI: —not necessarily.— JACKSON: It depends on the area. In agricultural districts, we allowed non-paved, but typically in Urban areas, especially if it's like a commercial business, they would need to provide paved parking and ADA parking stall. SONOGNINI: So, at least I got her for not parking vertical to the road, because she parks her cars right up to the edge of the road. Sometimes, she puts them right on the side of the road, and we just can't get out. We can't see the cars coming up and down. All I'm asking is to help us to solve this problem if it's possible. I don't know if it is possible, but that's why we're here to hope that something can be done about this bed and, this special bed &breakfast as harassing us every single day. HENKEL: Okay. I thank all of you. Any other questions? IKEDA: Yes. HENKEL: Mr. Ikeda? IKEDA: Maija, do you know anything about investigating this illegal bed &breakfast, or is it an illegal bed &breakfast? JACKSON: It's, it's not as far as I know a bed & breakfast. I don't know that they're serving breakfast. I believe it is a short-term vacation rental which we do not regulate, and attached to your background report is a letter that the Department of Public Works, Traffic Division sent to the owner of the vacation rental, and because they had received complaints— SONOGNINI: —I know, I got it.- 10 • JACKSON: They sent a letter to her notifying her that she cannot park perpendicular to the road, and so they instructed her to have her guests start parking parallel to the road which it sounds like she's not doing even though this letter went out in August. SONOGNINI: I—I, this has just happened where we got the para—or I got the, we got the parallel parking because I complained so much to the city, and then Fresh Onishi helped us with this problem, and talked to the city to get it parallel parking. But, she has had her tenants parking vertical over there outside the parking zone area. I called the police on 'em and gave them tickets. She saw and found me talking to the police, and when the police left, she harassed me to the max. "I'm going to catch you! I'm going to make sure that I can crucify you!" And, all these bad things because I turned her clients in for parking illegally in a parking area, and this is the kind of problems we have with her every day. JACKSON: Yes, have— SONOGNINI: —And, something has to be done. JACKSON: Have her guests been parking— SONOGNINI: —And, I need to— JACKSON: —perpendicular since August? SONOGNINI: A little longer than that. I think was— JACKSON: —Okay, so there's still parking perpendicular to the road and not parallel? SONOGNINI: Some of them do, yes, but— JACKSON: —Okay, so—I think the next step in this particular situation is we can contact the Traffic Division and tell them this is still an ongoing problem and then they can look at actually prohibiting parking— SONOGNINI: —Well— JACKSON: —on the street. SONOGNINI: Well, this is what the Police Department told me. Any time you see them parking illegally or out of the parking zone areas or parking the wrong way, call them up, and they'll come and do it. Most of the time, they're doing this like nine, eight thirty, nine, ten o'clock at night when they, when the, when these guys come off the airplane and they're parking. They don't know where to park. She's not telling them how to park. So, they're parking all illegal. How can I call the police to come at ten o'clock at night and give `em a—I can't do that. And, a lot of times, what I do is, I see them coming and parking during the day, I tell them, "Please don't park that way. Please park vertical. If not, I have to call the police and 11 have you guys have a ticket." And, the ticket is a $100 per car. Yes, so, and another thing, I'm going to answer your questions. If she has a bed &breakfast, and she doesn't have a permit or a license for it, she is illegally running a bed & breakfast business because that thing has to be certified and checked by the inspectors to make sure that her kitchen is passing a, passing the regulations and the laws. HENKEL: Thank you. ARAI: Mr. Chairman,please be mindful that what's agendized today is comments on the draft bill, and I just want to make sure we don't dove—you know, migrate too often and start speaking about a particular situation. HENKEL: Okay, thank you. Does anyone else have any questions pertaining to this bill for the testifiers? Thank you. You may be seated. SONOGNINI: Okay, thank you very much. CHANG: Thank you. HENKEL: You're welcome. Could we have a motion to close public testimony? MIYASATO: I make a motion to close public testimony. IKEDA: Second. HENKEL: It's been moved and seconded. All in favor say aye? COMMISSIONERS: Aye. HENKEL: Opposed? Okay, public testimony is closed. What we would, what we need now is discussion and a motion for action. MIYASATO: Chair, I have a, I guess a question. Being that short-term rental is I guess unregulated, what is the enforcement mechanism for this? JACKSON: We don't actually regulate the use, but if this bill were passed, we would regulate the parking. Meaning, if, if a homeowner was not compliant with this parking requirement, then we can go through the enforcement provisions in the Zoning Code which involves a notice of violation and daily fines. MIYASATO: Would you know off hand what the fine would be? JACKSON: What was that? MIYASATO: Would you know off hand what the fine would be? 12 JACKSON: The fine usually starts at$500 for the initial violation and then there's a date that we give them to comply by, and then if there is recurring violations, it can be an additional fine. I believe that starts at like one, two, and three hundred depending on how many reoccurring violations there are. And, then there's also daily fines that would start at $100, and if they don't comply by that deadline, then we issue the daily fine of a$100. MIYASATO: Okay, thank you. HENKEL: Mr. Ikeda? IKEDA: Yes, you know, according to this bill, all rental units has to have a parking stall. Is that correct? Like if the tenant, I mean the owner had three parking stalls, they need four—I mean three rooms, they need four parking stalls. Is that correct? JACKSON: That's correct. IKEDA: And, all the cars have to be parked on the property. JACKSON: That's correct. IKEDA: So, okay, so I just wanted to make it clear so the people understand that if we should pass something like this, then that's what would happen. JACKSON: That's correct. I just want to clarify, though,that in this particular situation, I think part of the problem is that the homeowner has five vehicles of her own, so— IKEDA: —I understand,but— JACKSON: —so, even though the Code would require four parking stalls on site, she would still have, she, if parking is not prohibited on the street, she could park her other four vehicles on the street. IKEDA: I understand, but there have been problems where the visitors are parking on the street. So, this would eliminate so-called parallel parking or whatever. JACKSON: Yeah, it would eliminate people coming at night and not knowing how to park, yeah. HENKEL: Would it be appropriate for us to add a condition if we approve that, you know, three parking stalls for the customers, and one for the owner, and then that would be the total parking allowed. Is that what Mr. Ikeda just point out? Cause that's, it's not in there already. It just, it just says on the property they have to have four, but there's nothing in there about parking on the street. I just know that, you know, to park on the street, your car has to be licensed and inspected. JACKSON: Right. 13 HENKEL: And current safety and all that. JACKSON: So, this bill is addressing the Zoning Code and the off-street requirements for any land use. So for various land uses, we have different parking requirements off, off street, and then, the Department of Public Works, Traffic Division regulates where parking can be allowed on the street. So, they can allow parking. They can prohibit parking in certain areas, and so we, we kind of want to continue to leave that up to Department of Public Works' discretion. To determine where it's safe to have on-street parking. So, that's why in this situation, if Traffic Division feels like this issue is not being resolved by parallel parking, they can go in and actually put up no parking signs and restrict parking on that area of the road. HENKEL: Thank you. Mr. Clarkson? CLARKSON: Wouldn't, wouldn't it be simpler to, for bed &breakfast, short-term vacation rentals, hotels and lodges simply to prohibit on-street parking for users of those facilities? JACKSON: The assumption is that enough parking is provided in this section of the Zoning Code to where there's not a big burden of parking on the street. That's the point of having the off-street parking requirements— CLARKSON: —Yeah, but I mean— JACKSON: —to make sure that there, there's enough parking required off site, but not so much of a parking burden to where you have these, these areas of massive parking lots that aren't even being used. So, it's, it's really a balance. CLARKSON: Okay, I understand, although in this case, it wouldn't solve the problem anyway, but since the owner has five vehicles—okay, thank you. HENKEL: Thank you. Any other questions? Then I would look for a motion for action? Oh, one more? CLARKSON: One more question to follow up on Commissioner Ikeda's original question. What is a space? JACKSON: What do you mean, "what is a space?" CLARKSON: Well, is a space just, does it have to be marked? Does it have to be—you said it could either be graveled or paved depending on whether it's in an Urban, but I mean—. JACKSON: It's usually marked, and there are parking space dimensions in the Zoning Code, so you have to lay out a certain dimension that makes up the space. CLARKSON: Okay. 14 JACKSON: Yeah. CLARKSON: So,just a place on a lawn next to a driveway is not a space? JACKSON: It can be if it's marked correctly— CLARKSON: —Okay.— JACKSON: —and it shows that it's a parking space. CLARKSON: It has to be marked as a space. JACKSON: Yeah. CLARKSON: Okay, thank you. SONOGNINI (from audience): (inaudible) HO: Sir— ARAI: Sir— HENKEL: Sir, I'm sorry, public testimony is over. SONOGNINI (from audience): Oh, I'm sorry, (inaudible). CLARKSON: Okay, thank you. HENKEL: Call for action? HO: Just a side comment, if you guys want, you're more than welcome to change the motion that was on the sample to create an unfavorable but then adding in the language that the Planning Director recommended. MIYASATO: Chair, I'll make a motion. You know, I'm fine with the term "suggested revisions"as written up there, so I'll make the motion. I move that a favorable recommendation be forwarded to the County Council of Bill 256 based on the Planning Director's recommendations, findings, and suggested revisions as written which shall be adopted. HENKEL: Is there a second? MOSES: I second. HENKEL: It's been seconded, or I'm sorry, moved by Commissioner Miyasato, seconded by Commissioner Moses. Would you do a roll call vote, please? 15 Aninommiimmi • JACKSON: Commissioner Miyasato? MIYASATO: Aye. JACKSON: Commissioner Moses? MOSES: Aye. JACKSON: Commissioner Clarkson? CLARKSON: Aye. JACKSON: Commissioner Ikeda? IKEDA: Aye. JACKSON: And Chair Henkel. HENKEL: Aye. JACKSON: Okay, the motion passes five, zero. HENKEL: Thank you. The discussion ended at 10:33 a.m. Respectfully submitted, Sarah Y. Hata-Finley, Secretary Windward Planning Commission 16 LEEWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT FEBRUARY 16, 2017 A regularly advertised hearing on the COUNTY COUNCIL INITIATED AMENDMENT TO CHAPTER 25 OF THE HAWAII COUNTY CODE,RELATING TO OFF-STREET PARKING AND LOADING was called to order at 9:54 a.m. in the West Hawai`i Civic Center, Community Center, Building G, 74-5044 Ane KeohokAlole Highway, Kailua-Kona, Hawai`i,with Chairman Keith F. Unger presiding. COMMISSIONERS PRESENT: Keith F. Unger,Nancy Carr Smith, Scott Church,Collin Kaholo, Perry Kealoha, Barbara Nobriga and Sonny Shimaoka ALSO PRESENT: Malia Ho(Counsel for the Commission), Michael Yee(Planning Director), Jeff Darrow(Planning Program Manager), Maija Jackson(Planner), Christian Kay(Planner) and Noriko Sauer(Commission Secretary) And five people from the public in attendance. APPLICANT: INITIATOR: COUNTY COUNCIL (BILL NO. 256) An Ordinance amending Chapter 25, Article 4, Section 25-4-51 of the Hawaii County Code 1983 (2016 Edition, as amended),relating to off-street parking and loading. The purpose of this amendment is to establish the required number of parking spaces for dwellings or lodging units that are occupied for a period of less than one hundred eighty(180) days. The County Council is referring Bill 256 to the Planning Director and the Windward and Leeward Planning Commissions for comment and recommendations. UNGER: Next item on the agenda,Applicant County Council, Bill Number 256, an ordinance amending Chapter 25,Article 4, Section 25-4-51 of the Hawaii County Code 1983, 2016 Edition, as amended, relating to off-street parking and loading. The purpose of this amendment is to establish the required number of parking spaces for dwellings or lodging units that are occupied for a period of less than 180 days. The County Council is referring Bill 256 to the Planning Director and the Windward and Leeward Planning Commissions for comment and recommendations. Presentation,please. JACKSON: Thank you, Chair Unger. This is a County Council initiated bill to amend the Zoning Code related to the off-street parking requirements for,basically this is for short-term home rentals like vacation rentals. And the County Council initiated Bill 256 with the language that's shown up on the screen. It says,"Dwellings, single-family and double-family or duplex that are occupied for any period of less than one hundred eighty days: one parking stall for each guest bedroom in addition to one for the dwelling unit." So for a typical three-bedroom home, if a homeowner were to rent that out all of the rooms, it would require four parking spaces on site,off street—one for each of the rooms and then one for the dwelling unit. 1 DRAFT And so the Planning Director is suggesting that the Commission send a favorable recommendation for Bill 256 with some suggested language that's shown on the screen. And the reason for this suggested language is that Bill 256 as written would be unfair or penalize those homeowners who rent their entire house out to one family at a time,rather than individual rooms in the house to individual guests. And so the Director is suggesting the language up on the screen. It's essentially the same in the first part, "Dwellings, single-family and double-family or duplex that are occupied for any period less than one hundred eighty days: one parking space for each rented bedroom in addition to one space for the dwelling unit if rooms in the dwelling unit are rented individually, or two spaces if the dwelling unit is rented as a whole." So what this does is it allows, it provides the same amount of parking that Bill 256 is suggesting, if individual rooms in a home are rented,but it does not require excessive parking,if an entire house is rented out to one family at a time; when a house is rented to one family at a time, only two spaces would be required off site. DARROW: On site. JACKSON: I'm sorry,on site. And that concludes my presentation. Are there any questions? Yes, Mr. Church. CHURCH: The way it reads it does not supersede the code requirements for, like, let's say, V-1.25,which requires one and a quarter stalls per dwelling units, so it doesn't apply to, like, condominiums, rather it's single-family,okay— JACKSON: That's correct. It would only apply— CHURCH: —all right, it does— JACKSON: —to single-family— CHURCH: —so it doesn't supersede the Zoning Code with it, okay, got it. JACKSON: —no,not for multi-family. CHURCH: Got it. JACKSON: Are there any other questions? CARR SMITH: I have a question. I'm a little confused because I'm not sure that zoning allows for a single-family home to rent out each of their rooms in a residential neighborhood. JACKSON: The Zoning Code does not regulate vacation rentals,what we call vacation rentals. Basically, what they are,what the Zoning Code does allow, is for five unrelated people to be living in a dwelling at once. So that's,that's how rooms can be rented to individuals as vacation rentals. So we don't currently regulate these as vacation rentals yet. CARR SMITH: Okay, thank you. 2 DRAFT CHURCH: Just a comment. I think, personally, I think this is a great idea, and I think the amendment language is a great idea, too. I'm so familiar with, like in Honolulu in subdivisions and single-family homes that,and they just, they clog,and they clog the transportation arteries,the streets,and make it both less safe and more congested. So I think this is a good move frankly. UNGER: To clarify, if I am a vacation rental and I'm renting out rooms in my house or the house to guests as they come and go, so one booking I may have a family, the next booking I may book four different bedrooms. So I guess I'm assuming that the property owner would have to adhere to the higher standard of parking. JACKSON: Yes. UNGER: Okay. Any other questions? Thank you. Are there any members of the public here to • testify on this item? Commissioners, I need a motion to close public hearing. NOBRIGA: I so move. KAHOLO: Second. UNGER: We have a motion by Commissioner Nobriga, second by Kaholo. Public hearing is closed. All those in favor? COMMISSIONERS: Aye. UNGER: Opposed? [None.] Public hearing is closed. Commissioners,I need a motion on the agenda item. SHIMAOKA: I'll make a motion. I move that a favorable recommendation be forwarded to the County Council of Bill Number 256, based on the Planning Director's recommendation, findings, and suggested revision, which shall be adopted. NOBRIGA: Second. UNGER: We have a motion by Commissioner Shimaoka, second by Commissioner Nobriga. The floor is open for discussion. Seeing no discussion,roll call. JACKSON: Okay. Commissioner Shimaoka? SHIMAOKA: Aye. JACKSON: Commissioner Nobriga? NOBRIGA: Aye. JACKSON: Commissioner Carr Smith? 3 DRAFT CARR SMITH: Aye. JACKSON: Commissioner Church? CHURCH: Aye. JACKSON: Commissioner Kaholo? KAHOLO: Aye. JACKSON: Commissioner Kealoha? KEALOHA: Aye. JACKSON: And Chair Unger? UNGER: Aye. JACKSON: Okay, the motion carries,seven-zero. UNGER: Thank you. The discussion ended at 10:03 a.m. Respectfully submitted, Noriko Sauer, Secretary Leeward Planning Commission 4 DRAFT