HomeMy WebLinkAbout2024-04-02 PL-CCI-2024-000003 Bill 121 Jason Eisert Testimony Aloha Chairperson Lin and Esteemed Members of the Windward Planning Commission,
My name is Jason Eisert, managing member of Kona Kai LLC. I own and operate a farm and
hosted rental on the Big Island. I understand the intent behind the bill and believe that with
some modifications it could settle many disputes and problems that the island currently
faces. Since the bill's introduction in 2022, I, in collaboration with a collective of hosted
rental owners, have conducted a detailed review and collectively we've identified key
sections where targeted refinements could significantly enhance the bill's practicality and
fairness, as detailed in the subsequent suggestions. To assist in this endeavor, I have
outlined specific concerns regarding the present language and propose the following
amendments for your consideration below.
Recommendation#1 Professional Services:
The current language of Bill 121 regarding"professional services" and "gatherings" is cause
for concern.The provision should more precisely exempt the kind of professional services
that are commonplace in our homes, such as the work of personal chefs, drivers, yoga
instructors or other wellness practitioners.
In a recent discussion with Planning Director Kern, he clarified that under the current
language of the bill, standard practices such as guests hiring private chefs,yoga
instructors, or massage therapists during their stay at hosted rentals could constitute an
`event'and thus a violation, despite these being commonplace activities in residential
settings.
The loose definition of`event' might lump a private yoga session or a therapeutic massage
under the same category as large-scale "events" like weddings, which is inconsistent with
the reality of their function in a residential context.The bill stipulates that such 'events'
necessitate a special permit or use permit, a process with which you are well-acquainted,
given its complexity and the challenges inherent in obtaining these permissions.
Recommendation:Amend the definition of"Event"and "Gathering"to explicitly exclude
professional services from being classified as "events"that are being hired for the benefit
of the guests or hosts exclusively. These definitions could read:
Event: "An event refers to a formal and public assembly,generally by invitation or ticket
purchase and extend beyond the scope of typical residential living. Examples include but
are not limited to weddings, wedding receptions, or concerts."
Gathering: "A gathering is an informal assembly that is consistent with activities of
residential areas, characterized by its casual nature and limited scale. Examples include a
family dinner, a small birthday celebration, a yoga instruction, or a casual get-together
where the occupants stay within the parking and accommodation space of the transient
accommodation rental. Professional services hired exclusively for the enhancement of the
guests'or hosts'experience, without extending the invitation to the general public, do not
transform a gathering into an event."
Recommendation#2 Quiet Hours:
have firsthand experience with the formal complaint process. I have had neighbors
complain about a few kids swimming in my pool mid-afternoon and my farm hands running
a weed wacker in the middle of the day(on Agricultural land). The subjective
interpretation of"disturbance" by neighbors is a slippery slope, as one person's
peaceful evening is another's noisy disruption.The stark reality is that our neighbors could
be louder unitl 10 pm without consequence (abiding by state noise ordinances), while
hosted rentals are held to a more stringent standard. Additionally, what if I don't have
renters at my home? Do I still have to abide by the 8 PM quiet hour? If so, how will my
neighbors know if my home is rented or not?This introduction of new quiet hours for
hosted rentals will quickly become unenforceable.
Recommendation: Remove the proposed quiet hour restrictions entirely, and rely on
existing noise ordinances that are both fair and uniformly applicable.
Recommendation#3 Renter Limitation:
I believe the current draft allowing for a case-by-case assessment by the Planning
Department is sufficient. Setting an occupancy limit,with exceptions, sets a precedent for
the island that only two adult occupants, plus two are standard for the island. For instance,
my business,which was built to serve as a retreat center and encompasses around 10,000
square feet, should justifiably qualify for an exemption given its considerable size and
specific function. Recommendation #9 from the planning department establishes a norm
that might not accurately reflect the circumstances of numerous property owners.
Moreover, the possibility of changing the existing permissions for hosting"family" could be
interpreted as a regulatory taking.
Recommendation: Maintain the bill's existing language regarding occupancy, allowing for
individual property assessment rather than imposing a universal cap.This approach
prevents undue penalties on distinctive properties, such as my own, and others I am
acquainted with, all of which could be adversely affected by a rigid occupancy limit of two
adults per bedroom plus two additional per rental.
Recommendation#4 Owner Consent:
The requirement for all owners to consent for each transaction is a redundancy that fails to
consider existing business structures where a managing member, such as myself, is
already empowered to act on behalf of the entity. All my owners should not have to provide
written consent.This should be a simple and easy amendment to recommend that doesn't
impact any intent of the bill.
Recommendation: Modify the consent requirement in Section 25-4-17.1 to allow a
managing member or legally authorized representative to sign, streamlining the process for
business-operated rentals.This could read:
"(1) Obtain written consent for the disclosure of the information required by the director
from either all individual owners of transient accommodation rentals or from a duly
authorized representative in the case of legal entities where such authority is vested in a
managing member or an equivalent position within the entity's governance structure;and"
In closing, I urge a thoughtful consideration of these issues, aligning Bill 121 with the
realities of hosted rentals and our island's way of life. As stewards of the Big Island's future,
let's foster an environment where the kuleana of hosting and the aloha spirit of our services
can flourish side by side.
Me ke aloha pumehana,
Jason Eisert
Managing Member, Kona Kai LLC