HomeMy WebLinkAboutCOM 0739.341 2016-2018 COUNTY CLERK P/PC.
COUNTY OF HAWAI'I COµ ,lbci
RECEIVED
Time 10:50GPI By 1`16:
From: Sue Grose Date
To: Poindexter,Valerie;Eoff.Karen;Chung,Aaron;Lee Loy,Sue;Ohara,Eileen; Kualii,Jennifer; David,Maile;
Kanuha,Dru; Richards,Tim;Council Testimony; Baez,Wendy
Subject: Bill 108 Testimony
Date: Tuesday,October 16,2018 6:28:16 AM
Aloha County Council Members,
I appreciate your efforts in moving us closer to addressing the important
issue of short term vacation rentals. This is a significant concern impacting
local neighborhoods as well as renters unable to find rentals as they are
converted to STVRs and employers who are unable to find employees as
those individuals cannot find affordable housing. I appreciate the demands
on your time and will limit my comments to four specific issues.
First, I hope that the current draft prohibits the issuance of nonconforming
use permits to owners of residential ag lots developed after 1976 who are
currently illegally offering STVRs. The County Planning Department
presently tells the unfortunate neighbors of such owners that there is no
mechanism to enforce the current law. It is bizarre that such illegal
operations have been allowed for years and it would be truly unfair if they
were allowed to become legal through grandfathering. Encouragingly, the
bill reads:
Special permits in the state land use agricultural district shall not be
issued to permit short-term vacation rentals in farm dwellings,
pursuant to paragraph 205- 4. 5( a)( 4), Hawai' i Revised Statutes.
Yet the bill also says:
Nonconforming use certificate. [The] In addition to registering
pursuant to' 25- 4- ( b)( 1), the owner of any short-term vacation
rental which operated outside of a permitted zoning district prior to
the effective date of this ordinance shall [ submit an application]
obtain a short-term vacation rental nonconforming use certificate in
order to continue to operate. This certificate must be renewed
annually. Applications for a] nonconforming use [ certificate]
certificates must be submitted to the director no later than one
hundred eighty days after the effective date of this ordinance.
I would like to think the first statement controls and prohibited STVRs on
residential ag land will not be allowed to continue. The fact that these
owners have already ignored existing law should not be a reason to give
them the privilege of continuing to do so.
Second, while I applaud the provision allowing owners to appeal a denial
of a nonconforming use certificate, I believe it would be only fair and
appropriate to allow neighbors of abusive STVR owners the same right to
appeal of an approval of a nonconforming use certificate. For example, if
an owner of a STVR has consistently driven his/her neighbors to
distraction with rentals to large and noisy groups of unrelated persons with
a vehicle count exceeding the available parking and the director � 7j
Comm. Nor1?" •✓41
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Ref. Date 1)'Ci 1 5 2018
inappropriately issues a nonconforming use permit, there should be a right
of appeal by the neighbors. The two sections are below, one with an
appeal process and the other without:
Notice of denial of a nonconforming use certificate and appeal.
1) Notice of a decision by the,director to deny the initial issuance or
renewal of a nonconforming use certificate shall be transmitted in
writing to the property owner.
2) Within thirty days after the receipt of a notice of denial, the owner
may appeal to the board of appeals as provided by section 6- 9.2,
County Charter and sections 25- 2-20 through 25- 2-24.
Issuance of initial nonconforming use certificate.
1) The director shall determine whether to issue a short-term
vacation rental nonconforming use certificate for a short-term
vacation rental based on the evidence submitted and other pertinent
information. 2) Issuance of an initial nonconforming use certificate
may be denied if the director verifies any of the following:
A) Thea applicant has violatedpertinent laws, such as not
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securing and finalizing necessary building permits for the
dwelling;
B) The owner is delinquent in payment of State of Hawaii
general excise tax, transient accommodations tax, or County
property taxes, fees, fines, or penalties assessed in relation to
the short-term vacation rental; or C) Evidence of non-
responsive management, such as issuance of a notice of
violation, police reports, or verified neighbor complaints of
noise or other
disturbances relating to the short-term rental operations.
Third, I appreciate the requirement that STVR dwellings be permitted. I
would recommend using the information in the permits for reasonable
limits on the number of guests allowed in the vacation rentals and shown
in their advertisements. Predicated on the permitted house plans, 2
guests per actual bedroom and one or at most two additional guest with a
sofa bed would be reasonable.
Fourth and last, enforcement is a key issue to be addressed. As has been
noted in West Hawaii Today and elsewhere, existing regulations including
the prohibition of STVRs in ag and ag residential areas are already not
being enforced. We need clear means of enforcement for these regulations
as well as Bill 108. I was concerned to see the section providing that the
director would develop rules for enforcement has been deleted. Who will
develop such rules and how will they be enforced?
We look to you to further refine and improve Bill 108, recognizing the
large number of constituents who are adversely affected by the present
situation. Thank you for your time.
Sue Grose