HomeMy WebLinkAbout2024-10-16 Ka'ū CDP Meeting PacketCounty of Hawai‘i
KAʻŪ COMMUNITY DEVELOPMENT PLAN ACTION COMMITTEE
Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaiʻi 96720
(808) 961-8288 • Fax (808) 961-8742
Mitchell D. Roth Mayor
Jesse Ke Kaʻohinani Mokuhaliʻi Leinaʻala Enos Babette Morrow Jason Masters, Chair Pernell Hanoa, Vice-Chair Catherine Williams Kaweni Ibarra Vacant
NOTICE OF PUBLIC MEETING
NOTICE IS HEREBY GIVEN of the following matters to be considered by the Kaʻū Action Committee in accordance with the provisions of Section 92-7, Hawaiʻi Revised Statutes (HRS).
This meeting will be held in-person at the location listed in this notice and by Interactive
Conference Technology (ICT) through Zoom.
DATE: Wednesday, October 16, 2024
TIME: 5:00 P.M.
IN PERSON LOCATION: Naʻalehu Community Center 95-5635 Hawaiʻi Belt RdNaʻalehu, HI 96772ONLINE/ZOOM:
https://www.zoomgov.com/meeting/register/vJIsdOusqz8tGsiFLDaRhN9yF2w-daj1chI
NOTICE REGARDING PUBLIC TESTIMONY: The public may provide oral testimony at
the meeting by joining Zoom or attending in-person at the physical location listed above. Although not required, to register in advance for oral testimony please contact staff at cdp@hawaiicounty.gov or (808) 961-8288. Pursuant to §92-3, HRS, interested persons who want to provide oral testimony may do so either at the time the committee takes public statements on
the agenda, or at the time the specific agenda item is called. Please note that public testimony
may be limited to three (3) minutes in length per agenda item. In addition, although not required, to ensure timely delivery of written testimony to committee members, it is requested that written testimony be submitted by 4:30 p.m. at least two business days prior to the meeting via email to cdp@hawaiicounty.gov or in person at the Hilo or Kona Planning Department. When submitting
written testimony, please specify for which agenda item written testimony is being submitted.
All written testimony will be a part of the public record.
NOTICE REGARDING INTERACTIVE CONFERENCE TECHNOLOGY (ICT): A meeting held by ICT shall be automatically recessed for up to 30 minutes to restore communication when audiovisual communication cannot be maintained with all members
participating in the meeting or with the in-person location identified in this notice. The meeting
may reconvene when either audiovisual communication is restored, or audio-only
communication is established after an unsuccessful attempt to restore audiovisual communication. If it is not possible to reconvene the meeting as provided in this subsection
within 30 minutes after an interruption to communication, the meeting will be automatically
terminated.
AGENDA
•CALL TO ORDER & ROLL CALL
•PUBLIC TESTIMONY ON AGENDA ITEMS: Pursuant to §92-3, HRS, interested
persons who want to provide oral testimony may do so now, or at the time the specific
agenda item is called. Public testimony may be limited to three (3) minutes in length peragenda item.
•BUSINESS:1.Letter to the Windward Planning Commission regarding the Black SandsBeach, LLC SMA application (PL-SMA-2023-000046) – Discussion anddecision making on submitting the letter to the Windward Planning Commission.
2.Proposed Transient Accommodations Rental Code Amendment (TAR Bill) –
Discussion and potential decision-making on providing testimony to County
Council’s TAR Bill package (Bill 121 and 122). Bill 123 was signed in to law on
October 8, 2024.
•APPROVAL OF THE MINUTES: The Committee will consider approving the draft
minutes from September 19, 2024.
•NEW BUSINESS: Action Committee members will discuss potential agenda items for
the next meeting, including revisiting topics from meetings that did not have a quorum.
•ANNOUNCEMENTS:
•The Department of Environmental Management has begun the process to draft its
Integrated Wastewater Management Plan. A recording of the first round of publicmeetings can be found here: https://www.youtube.com/watch?v=DmR2EgTRQVI
•The Planning Department is currently seeking applicants for the Kaʻū Action
Committee and is requesting assistance to get the word out to interested community
members. The application can be found on the Mayor’s office website at:https://www.hawaiicounty.gov/our-county/boards-commissions-application
•Kaʻū Community Development Plan Action Committee Letter to Planning
Department Director Regarding Mahana Bay has been signed by Chair Masters.
•ADJOURNMENT:
This agenda and all related documents are available in the Planning Department’s Kaʻū Community Development Plan Action Committee folder via the County of Hawaiʻi Public
Documents Repository:
https://records.hawaiicounty.gov/WebLink/Browse.aspx?dbid=1&startid=88959 These documents may also be requested from the Planning Department by calling (808) 961-8288 or emailing cdp@hawaiicounty.gov.
NOTICE: The purpose of the public hearings is to afford all interested persons a reasonable
opportunity to be heard on the above items. A person desiring to submit oral or written testimony
shall indicate their name and whether the testimony is on their behalf or as a representative of an organization or individual. Written testimony can be submitted via email or hard copy. Hard copies should include an original and nine copies and be submitted no later than 4:30 p.m. two business days prior to the meeting.
Anyone who requires an auxiliary aid or service, other reasonable modification, or language
interpretation to access this meeting please contact the Planning Department at (808) 961-8288 or cdp@hawaiicounty.gov as soon as possible, but no later than five business days prior to the meeting date, to arrange for accommodations. If a response is received after the five-business days deadline, we will try to obtain the auxiliary aid/service or accommodation, but we cannot
guarantee that the request will be fulfilled. “Other reasonable modification” refers to
communication methods or devices for people with disabilities who are mentally and/or physically challenged. Upon request, this notice is available in alternate formats such as large print, Braille, or electronic copy.
If you are a lobbyist, you must register with the Hawai‘i County Clerk within five days of
becoming a lobbyist. (Article 15, Section 2-91.3(b), Hawai‘i County Code). A lobbyist means,
“any individual engaged for pay or other consideration who spends more than five hours in any month or $275 in any six-month period for the purpose of attempting to influence legislative or administrative action by communicating or urging others to communicate with public officials.” (Article 15, Section 2-91.3(a)(6), Hawai‘i County Code). Registration forms and expenditure
report documents are available at the Office of the County Clerk-Council, 25 Aupuni Street,
Hilo, Hawai‘i 96720.
KAʻŪ CDP ACTION COMMITTEE
KAʻŪ COMMUNITY DEVELOPMENT PLAN 1 ACTION COMMITTEE 2
COUNTY OF HAWAIʻI 3
DRAFT MINUTES 4 September 19, 2024 5
CALL TO ORDER 6
Chair Masters called the Kaʻū Community Development Plan (CDP) Action Committee (AC) 7
meeting to order at 5:05 p.m. A quorum was established with eight members in attendance. This 8
meeting was held in person at the Naʻalehu Community Center and online via the Zoom platform. 9
The full YouTube video of this meeting can be found here: 10 https://www.youtube.com/watch?v=3kwJDdjjYJE 11
ROLL CALL 12
Members Present (in person): Jason Masters (Chair), Pernell Hanoa (Vice Chair), , Kaʻohinani 13
Mokuhaliʻi, Jesse Ke, and Catherine Williams, Kaweni Ibarra and Babette Morrow. 14
Members Present (via Zoom): Leinaʻala Enos 15
From the County (in person): Maryam Palma, Kawelo Kalili, Jessica Lahip, Janice Hata, Natasha 16 Soriano, April Surprenant & Shannon Arquitola (Planning Department Staff). 17
There were approximately 17 members of the public in attendance (11 in person and 6 via Zoom). 18
PUBLIC COMMENT ON AGENDA ITEMS: 19
Savory Yarrow regarding item #2 [SEE YOUTUBE TIMESTAMP 4:05] 20
Marion Ger regarding item #1 & item #3 [SEE YOUTUBE TIMESTAMP 8:12] 21
Sophia Hanoa regarding item #2 [SEE YOUTUBE TIMESTAMP 12:20] 22
BUSINESS 23
1. Final Draft General Plan 2045 Presentation – Presentation and Q&A by Planning24 Department Staff regarding the Final Draft General Plan 2045. Please watch previous25 workshop recordings and review meeting packet materials as this item is intended to26 provide Kona specific information related to the CDP.27
28
This item was called to order at 5:24p.m. [SEE YOUTUBE TIMESTAMP 19:38] 29 30 April Surprenant and Natasha Soriano from the County Planning Department presented the Final 31 Recommended Draft of the General Plan 2045. The plan serves as an overarching guide for the 32
County of Hawai‘i, influencing areas like Community Development Plans, Capital Improvements 33
(CIP), and Functional Plans related to water, transportation, and parks and recreation. They 34 reviewed the project timeline, community outreach, upcoming steps, and answered questions from 35 the public. 36
Several questions were raised. These included inquiries about the source of the plan’s 37
recommendations and directives, concerns over whether the General Plan will be a firm or flexible 38
KAʻŪ CDP ACTION COMMITTEE
Minutes of September 19, 2024 2
structure, and the perspective of kupuna (elders) on Punaluʻu in relation to the plan. Additionally, 39 questions were asked about why Oceanview is proposed as a rural area on the land use map and 40
whether it can remain designated for agriculture. Clarification was sought on the difference 41
between the Rural land use designation and the Residential zoning district, as well as how coral 42 reefs are designated in the policy maps. 43 44 Sophia Hanoa testimony [SEE YOUTUBE TIMESTAMP 36:10] 45
Marion Ger testimony #1 [SEE YOUTUBE TIMESTAMP 41:32] 46
47 This item closed at 6:17 p.m. 48 49
2. Letter to the Windward Planning Commission regarding the Black Sands Beach,50
LLC SMA application (PL-SMA-2023-000046) – Discussion and decision making on51
submitting the letter to the Windward Planning Commission.52 53 This item was called to order at 6:17 p.m. 54 55
Committee member Morrow makes a motion to open discussion regarding submitting a letter to 56
Windward Planning Commission seconded by committee member Williams. 57
The AC discussed committee member Babette’s revised memo to Windward Planning 58 Commission regarding key policies: 59
•Policy 6: Requires development to provide affordable housing, protect the environment,60
and respect local culture. The application lacks affordable housing, and the committee61 believes it is necessary due to the scale of proposed visitor accommodations.62
•Policy 28: Calls for a shoreline setback of 1,320 feet. The current application lacks an63 updated shoreline survey, relying on outdated data, which is inconsistent with64
requirements.65
•Policy 29: Ensures no substantial environmental harm. The application lacks adequate66 surveys for endangered species, coastal resources, and traffic impacts. Additionally, there’s67 concern over insufficient protection for nesting Hawksbill turtles.68
After discussion, AC member Morrow withdrew her motion as the committee couldn't agree on 69
the letter to be sent to the Windward Planning Commission. Vice-Chair Hanoa then moved to 70 resume the discussion at the next Kaʻū CDP AC meeting in October, allowing time to review 71 Daryn Arai’s response to Babette’s memo. AC member Morrow seconded, and the motion passed 72 unanimously. 73
Daryn Arai provided testimony [SEE YOUTUBE TIMESTAMP 1:10:07] 74
75 This item concluded at 6:58 p.m. 76
3.Pāhala Water Bottling Facility Update – Discussion and potential decision making on77 findings regarding the Pāhala Water Bottling Facility.78
This item was called to order at 6:58 pm [SEE YOUTUBE TIMESTAMP 1:50:30] 79
KAʻŪ CDP ACTION COMMITTEE
Minutes of September 19, 2024 3
Agenda item has been deferred to the next Action Committee meeting. 80
This item concluded 6:59 p.m 81
4.Proposed Transient Accommodations Rental Code Amendment (TAR Bill) –82
Discussion and potential decision-making on providing testimony to County Council’s83 TAR Bill package (Bill 121, 122, and 123).84
This item was called to order at 6:59 p.m. [SEE YOUTUBE TIMESTAMP 1:51:29’ 85
Motion made by Chair, Masters to open discussion regarding Proposed Transient 86
Accommodations Rental Code Amendment (TAR Bill), seconded by committee member Morrow. 87
Chair, Masters commented that he made testimony on behalf of himself that he is against this bill 88 and wrote written testimony. The rest of the Action Committee are not familiar with the TAR bill 89 package and will need to review before discussion. discussion will be moved to next meeting. 90
This item concluded 7:10 p.m. 91
92 APPROVAL OF MINUTES [SEE YOUTUBE TIMESTAMP 2:02:00] 93 Committee member Mokuhaliʻi motioned to approve the minutes from the August 14, 2024 94 meeting, seconded by committee member Morrow. The motion passed unanimously. 95
AGENDA FOR NEXT MEETING [SEE YOUTUBE TIMESTAMP 2:02:46] 96
•Egress and Ingress at Green Sands Subdivision Permitted Interaction Group Report97
•Letter to the Windward Planning Commission regarding the Black Sands Beach, LLC98 SMA application (PL-SMA-2023-000046) – Discussion and decision making on99
submitting the letter to the Windward Planning Commission.100
•Proposed Transient Accommodations Rental Code Amendment (TAR Bill) – Discussion101 and potential decision-making on providing testimony to County Council’s TAR Bill102 package (Bill 121, 122, and 123)103
•Pāhala Water Bottling Facility Update - Discussion and potential decision making on104
findings regarding the Pāhala Water Bottling Facility.105 106
Gary Davis provided testimony regarding wanting the transfer station to be open 7days/week. Got 107 a petition with 126 signatures. [SEE YOUTUBE TIMESTAMP 2:05:50] 108
109 ANNOUNCEMENTS: [SEE YOUTUBE TIMESTAMP 2:14:40] 110 111 •Egress and Ingress at Green Sands Subdivision Permitted Interaction Group met on112 September 11, 2024113 114 ADJOURNMENT: 115
Chairman Masters adjourned this meeting at 7:24 p.m. 116
These minutes and all related documents are available in the Planning Department’s Kaʻū 117
Community Development Plan Action Committee folder via the County of Hawaiʻi Public 118
Documents Repository. These documents may also be requested from the Planning Department 119
by calling (808) 961-8288 or emailing cdp@hawaiicounty.gov. 120
1
Lahip, Jessica
From:Daryn Arai
Sent:Wednesday, September 18, 2024 2:34 PM
To:Planning CDP
Subject:Applicant Black Sand Beach, LLC Response to Committee member Morrow's memo
dated September 19, 2024
Attachments:Black Sand Beach LLC Response to Memo from Committee Member Morrow dated
September 19, 2024.pdf
Aloha,
Please find attached a communication from Applicant Black Sand Beach, LLC, speaking to Agenda Item IV(1)
and that draft Letter to the Windward Planning Commission regarding the Black Sands Beach, LLC SMA
application (PL-SMA-2023-000046) that will be discussed before the Ka'u Community Development Plan
Action Committee at its meeting of September 19, 2024.
Please let me know if you have any questions.
Daryn
Daryn Arai
Land Use Planning Consultant
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Memo to the Ka’ū CDP Action Committee Members
From Babette Morrow
Re: Black Sand Beach SMA application PL-SMA-2023-000046
September 19, 2024
This is a follow-up to our August 14, 2024 meeting where we discussed previous memos and
new input from Daryn Arai. Applicant Black Sand Beach, LLC hereby responds to this memo
from Committee member Morrow by embedding its responses within the memo and
highlighting such responses in RED, to help facilitate a comparison review.
Our responsibilities as an Action Committee are to evaluate development, projects, proposals,
etc. for compliance with the CDP goals and policies and to be advisory to the Planning Director,
Planning Commission, and County Council. We are not supporting or opposing the SMA
application; we are reviewing it for compliance with the CDP.
Many members of the Action Committee were involved in community meetings over the ten-
year period of formation of the CDP. And we have all listened to the testimony from the
community about the SMA application over two days of Planning Commission meetings and
three Action Committee meetings. Our proposed testimony to the Planning Commission was
written with input from Ron Whitmore, who had the official capacity as County Planner and
who also attended many years of CDP meetings with the public. Ron gave a thorough analysis of
the CDP as it relates to Punalu’u, and this is what we should be transmitting to the Planning
Commission -- input from County Planning and from hundreds of residents of Ka’ū.
Our goal is to evaluate the SMA application for compliance with the policies of the CDP so that
we can give more information to the Planning Commission for them to make their decision. We
have already acknowledged many CDP policies that the application complies with, and I am not
discussing them again. This memo is to discuss those policies that we feel have not been
adequately addressed in the application; these three policies of concern are Policy 6, Policy 28,
and Policy 29.
Policy 6 states “The development of visitor accommodations and any resort development
should complement the character of the area; protect the environment and natural beauty;
respect existing lifestyles, cultural practices, and cultural resources; provide shoreline public
access; and provide affordable housing to meet demand created by the development.” The SMA
does not include any affordable housing. The applicant’s response to the Action Committee
dated August 12 states that the purpose of an SMA is to preserve, protect, and where possible,
restore the natural resources of the coastal zone of Hawaii. He concluded, therefore, because
affordable housing is not a coastal natural resource concern then it is not subject to review and
protection under the guidelines of an SMA. The subject SMA application is proposing new
development of 225 residential and short stay dwelling units and assorted retail space. We
believe that the intent of Policy 6 applies to all application types, not just SMAs, and by
developing more visitor accommodations and resort amenities, affordable housing for local
residents and workers becomes more necessary.
2
Applicant’s response: The fact is that the Applicant is only applying for an SMA Permit. The
guidelines for review must be limited to those expressed by Chapter 205A, Hawaiʻi Revised
Statutes and the Planning Commission Rule No. 9 regarding the Special Management Area.
There have been court decisions regarding the limits of review, such as Topliss v. Hawaii County
Planning Commission, where the Commission’s actions must have a reasonable relationship to
the SMA objective and policies. The Committee will soon decide whether to submit testimony
regarding the SMA application currently before the Windward Planning Commission, and it
should speak directly and only to the SMA objectives and policies. The Applicant sees no direct
relationship between affordable housing and these SMA objectives and policies.
Policy 28 states: “On lots that are at least partially within the SMA in the Ka’ū CDP Planning
Area, establish shoreline setbacks at the earliest stages of the land use planning and
development process at a minimum of 1,320 feet (1/4 mile); however the applicant may
request that the setback be reduced by providing information to the Department, including
information required for SMA review, which would allow for an assessment of the proposed
activity’s impacts and in consideration of the physical limitations of the property.”
(1)Hawaii County SMA Assessment Application requires the following:
A shoreline survey of the subject property, as certified by the Chairman of the Board of Land
and Natural Resources, when the subject property abuts the shoreline. A request to waive the
need to prepare a certified survey may be submitted in writing to the Planning Director.
Circumstances that may warrant the issuance of a waiver include cases where the entire
shoreline fronting the subject property is “fixed” by a man-made structure such as a seawall or
revetment or when the proposed development will be situated at a considerable distance from
the shoreline. Note that the Planning Department Rule 11-4 states that no determination of a
shoreline shall be valid for a period longer than 12 months. The current shoreline survey is
over fifty years old.
The applicant has requested in the SMA application that the need for a certified shoreline
survey to support this application be waived since no new improvements or uses are
contemplated “anywhere near the shoreline”, yet this is not consistent with the plan proposed
in Figure 4 of the application. The application states that they are proposing restoration of the
former restaurant site despite issues related to the shoreline setback requirements, proximity to
anchialine ponds, and coastal flood requirements. Over the last 50 years there have been
changes to the shoreline due to tsunamis, king tides, erosion, and storm surges. The applicant’s
request does not meet the circumstances for a waiver found in the County code. At a minimum,
the applicant should be required to do an updated shoreline survey given the age of the current
survey.
(2) As previously noted, public comment during review of the Draft CDP called for much deeper
setbacks from the shoreline – a mile or more. The 2006 South Kona-Ka’ū Coastal Conservation
Task Force recommended establishing a 1.5 “no development” shoreline setback. The SMA
application includes facilities on parcels that abut the shore, so a new shoreline setback should
have been established early in the process. The SMA application does not clearly establish a
3
shoreline setback for renovated and proposed new buildings. The applicant states that
proposed new buildings are located at least ¼ mile from the shoreline, but it appears that the
new building housing public restrooms, open market, fish market and seafood restaurant is
approximately 600’ from the shoreline. Without an updated shoreline survey, it is not possible
to establish an accurate shoreline setback.
Applicant’s response: Planning Commission Rule 9-10(b)(9) states the following:
“A current certified shoreline survey when the parcel abuts the shoreline,
except that the Director may waive the submission of the survey when the
proposed development is clearly and unmistakably located on a shoreline parcel
at a considerable distance from the shoreline.” (emphasis added)
The specific areas proposed for development do not “abut” the shoreline. That is the qualifying
requirement for a certified shoreline survey. The draft testimony is misrepresenting the
certified shoreline survey as a “requirement” for the scope of the proposed project as
presented within the SMA application, and we find that such as survey is not required. This has
been confirmed by the Planning Department in its acceptance of the SMA application as
complete.
The Applicant will defer to its August 12, 2024 response regarding the draft testimony as it
pertains to Policy 28.
Policy 29: No development, including subdivision, shall be approved in the SMA unless the
development will not have any substantial adverse environmental or ecological effect. In order
for the Planning Director to accurately evaluate whether the proposed action will have a
substantial adverse effect, the Director shall require that SMA Use Permit Assessment and Use
Permit applications include all of the information necessary to assess the proposed activity’s
impacts on the Special Management Area, including but not limited to:
a)An assessment of impacts on rare, threatened, or endangered species (such as the local green
sea and hawksbill turtles and the Hawaiian hoary bat) or their habitat and on fresh and coastal
water quality. The current flora and fauna assessment in the SMA application did not include
coastal surveys because: “as it is the intention of the applicant to avoid coastal development or
to change of use along the coastal portions of the project area”. The Planning Department’s
report to the Planning Commission makes no mention of requiring protections for green sea or
hawksbill turtles or hoary bats. The applicant submitted a Biological Survey of 2022 which did
not include marine biota. The applicant’s response is that they propose to set aside 29.52 acres
for conservation and coastal management activities on lands situated to the west of County-
operated Black Sand Beach park complex. They have not yet determined the best methods
towards committing these lands towards preservation, but are considering a conservation
easement with “proper coastal resource management”. However, this coastal management
area ignores the fact that the Hawksbilll nesting area in 2018 and 2023 were located within 50’
of the lifeguard station, not within the proposed coastal management area. How will these
historic nesting sites be protected? Also note that Hawksbill turtles are drawn to bright lights,
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and the proposed reuse of the existing abandoned restaurant is very close to these nesting
areas thus disturbing the turtles. On page 41 of the application it states: “as no new
improvements or activities (are proposed within the project site which will be limited to those
specific areas previously improved and removed from close coastal proximity, adverse impacts
to the Federally protected Hawaiian Green Sea Turtle (Honu) or Hawksbill Turtle (Honu’ea) that
frequent the black sand beach area is not anticipated.” It’s clear that the turtles who call this
area home will be negatively impacted by the proposed development and activities. Neither the
Planning Department’s report nor the applicant’s response provide any details as to how the
endangered species or their habitat will be protected from impacts of this project.
Applicant’s Response: The Applicant commits to setting aside most of the coastal shoreline
frontage along the Ninole, Wailau and Punaluʻu as a resource conservation area speaks
volumes! Depending on whether the Windward Planning Commission approves the project in
whole, in part, or is denied will determine the shape, form and need for any further detailed
plans regarding the protection of the Honu and Honuʻea. If the project is allowed to proceed
forward, the Planning Director has recommended that a Pond Management Plan, Cultural
Resources Management Plan, Shoreline and Preservation Area Management Plan all be
prepared for the department’s review and approval. As we stated in our August 12, 2024
response, we are presenting decisive actions to clean up the area and provide active
management along the coastal area. There is currently no oversight or active management of
this coastal area and its resources, but criticism that the Applicant has not presented a “plan”
for the protection of the endangered sea turtles. The “plan” is setting aside the coastal area as
a shoreline management area, moving the bulk of the project mauka and away from this
shoreline area, upgrading wastewater systems to improve the area and hopefully provide
opportunities where existing septic systems can be accommodated within the upgraded
sewerage system, managing the traffic and activities and so many other opportunities to finally
take an active role in managing these lands.
b)A description of valued cultural resources or historical sites in the area. A Cultural Impact
Assessment (CIA) was done in 2006 and updated in 2023. Planning Director recommended that
preservation and Burial Treatment Plans are needed to properly care for identified archeological
features for preservation and we concur. Additionally, an Archeological Inventory Survey (AIS)
was done in 2005 and an Addendum added in 2023. Planning Department submitted the
addendum to the State Historic Preservation Division in 2023 and is awaiting response. We urge
the Planning Commission to make acceptance of the AIS a condition of approval of this
application. Applicant’s Response: We can defer to the Planning Department to respond to
this, but we have no objection to making acceptance of the AIS a condition of approval of the
SMA Use Permit.
c)An assessment of impacts on coastal scenic and open space resources and view plans.
d)Identification and detailed information of existing public access to and along the shoreline to
the specifications required by Na Ala Hele and the Ala Kahakai National Historic Trails. No
mention of either of these trails in the application. Applicant’s Response: There is no
compromise of access to and along the shoreline by the proposed project. The Applicant has
allowed the public to utilize the privately-owned and maintained Ninole Loop Road to access
5
the county beach park facilities, as well as the boat ramp and black sand beach from
Highway 11. Designation of the entire shoreline area as a management area will allow for
continued lateral access along the shoreline. We ask that the Committee not simply look at
words, but look for the actual function of what the Applicant is proposing.
e)Assessment of impacts on hazard risk, including flooding, tsunami, and coastal erosion and/or
sea level rise.
f)A description of the relationship of the proposed action to land use plans, policies, and control
of the affected area, including potential impacts on traffic and circulation and required highway
improvements. Has there been a traffic study to determine any required highway
improvements, or will one be required during the application process? Applicant’s Response:
The Applicant is requesting an SMA Permit, and no traffic study is required as it is not a
concurrency requirement for processing of SMA Permit applications. We once again remind the
Committee of the Topliss v. Hawaii County Planning Commission decision that was discussed
earlier. An assessment of hazard risks was included in the SMA application as well as the
Planning Director’s Recommendation Report.
The Hawaii County SMA Assessment Application also states that a Final Environmental
Assessment or Final Environmental Impact Statement which has been declared adequate under
the National Environmental Policy Act (NEPA)or under Chapter 343, HRS, may constitute a valid
filing. A Cultural Assessment was done in 2006 to compliment the Draft 2006 EIS for Sea
Mountain, and an update was done in 2023. This Draft EIS was never finalized. The SMA
application proposed that the project components do not trigger and EA or EIS, and Planning
Director concurred. Due to the impacts of work being done with this application, and the
number of people in the community who have raised concerns about this, we are
recommending that an EIS be submitted in support of this application.
Applicant’s Response: As we have previously stated, the proposed project does not involve the
use of lands or introduces a type of use that warrants the preparation of an environmental
assessment (EA) or environmental impact statement (EIS) in accordance with the requirements
of Chapter 343, Hawaiʻi Revised Statutes. The Planning Director, in its Background Report
regarding the SMA application, stated that “Based on a review of the project components within
the SMA area, there are no triggers that would require an Environmental Assessment (EA) or
Environmental Impact Statement (EIS).”
We find it interesting that Committee member Morrow’s memo attempts to speak solely and
directly to compliance with the Kaʻū CDP, but then goes beyond the scope of the CDP into the
regulatory requirements for an EIS, which is embodied in State Statute and not the CDP. We
find this insincere.
The Planning Department conditions of approval for the submittal to the Planning Commission
at their March 2024 meeting include: “8. The applicant will submit to the Planning Department
for review and approval the following plans: 1) Water Quality and Marine Life Monitoring Plan,
2) Pond Management Plan, 3) Cultural Resources Management Plan, and 4) Shoreline and
Preservation Area Management Plan. These plans shall be submitted prior to any development
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activities in this permit.” We urge the Planning Commission to add these conditions should they
approve the application.
Applicant’s Response: The Applicant generally concurs, but requests some flexibility to allow for
the prompt repair of existing facilities such as the infrastructure systems, repair of the golf
course clubhouse and Aspen Center, as examples. Maybe focus such condition on proceeding
with the major project elements, such as the Village Center and Colony II.
In conclusion, I recommend that the Action Committee forward this written testimony to the
Planning Commission. We’ve all heard how important these environmental, cultural, and
historical issues are to the public, both during CDP meetings and SMA public hearings, and we
recommend that the Planning Commission require that adequate plans, studies, and policies are
carried out.
COUNTY OF HAW Al'I STATE OF HAWAl'I
BILL NO. 121
(DRAFT 4)
ORDINANCE NO. ____ _
AN ORDINANCE AMENDING CHAPTER 25, ARTICLES 1, 4, AND 5, OF THE HAWAI'I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO
TRANSIENT ACCOMMODATION RENTALS AND HOSTING PLATFORMS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HA WAI'I:
SECTION 1. Chapter 25, article 1, section 25-1-5, of the Hawai'i County Code 1983
(2016 Edition, as amended), is amended by repealing the definition of "short term vacation
rental".
[""Short term vacation rental" means a dwelling unit of vmich the ovmer or operator does not reside on the building site, that has no more than five bedrooms for rent on the building site,
and is rented for a period of thirty consecutive days or less. This definition does not include the short term use of an ovmer's primary residence as defined under section 121 of the Internal
Revenue Code."]
SECTION 2. Chapter 25, article 1, section 25-1-5, of the Hawai'i County Code 1983
(2016 Edition, as amended), is amended by adding the following new definitions to be
appropriately inserted and to read as follows:
""Booking services" means intermediary services that facilitate the advertisements and listings of, reservations of, or collection of payment for transient accommodation rentals."
""Event" means an assembly, generally by invitation or ticket purchase, that extends beyond the scope of typical residential living, including but not limited to weddings, wedding receptions, promotional events, and concerts."
""Gathering" means an assembly that is consistent with activities of residential areas, informal in nature and with limited scale, including but not limited to a picnic, family dinner, birthday celebration, and fitness or educational activities."
""Hosting platform" means a business or person that provides a marketplace through which
transient accommodation rentals may be offered for rent."
""Operator" means any person operating a transient accommodation rental on behalf of a property owner, who resides on the same building site as the transient accommodation rental and uses it as their permanent address for legal purposes."
Communication No. 2024-24
Operator -hosted" means any transient accommodation rental hosted by an operator."
Owner -hosted" means any transient accommodation rental hosted by person who uses
the building site as their principal home."
Principal home" means a principal home as defined in section 19-71(e), Hawaii County
Code."
Transient" or "transients" means any visitor or person who rents or uses a lodging or
dwelling unit, or portion thereof, for less than one hundred eighty days and whose permanent
address for legal purposes is not the lodging or dwelling; unit occupied by the visitor. This
definition shall not apply to.
1) Nonpaying guests of the family occupying the unit,
2) Clients in health care facilities,
3) Full-time students enrolled in an educational institution in the County of Hawaii;
4) Employees who receive room and/or board as part of their salary or compensation
including_ agricultural workers;
5) Occupants of group living facilities, authorized b, thehe department of health;
6) Militarypersonnel;
7) Health care workers temporarily employed at a medical facility in the Counly of
Hawaii;
8) Low-income renters receiving rental subsistence from the state or federal
governments whose rental periods are for durations shorter than sixty days; or
9) Occupants of lodging provided by nonprofit corporations or associations for religious,
charitable, or education purposes; provided that no income is produced, even if the
income is used for or in furtherance of the exempt activities of such religious,
charitable, or educational corporation or association."
Transient accommodation" means the furnishing of a room, apartment, suite, single
family dwelling, or the like to a transient for less than one hundred eighty consecutive dam
each letting in a hotel, apartment, hotel, motel, condominium or unit as defined in chapter 514B,
cooperative apartment, dwelling unit, or rooming house that provides living_ quarters, sleeping, or
housekeeping accommodations, or other place in which lodgings are regularly furnished to
transients. (Reference section 237D-1, Hawai`i Revised Statutes)"
Transient accommodation rental" means transient accommodations excluding:
1) Hotels, motels, and inns;
2) Apartment hotels;
3) Boarding facilities;
4) Lodges;
5) Timeshares; and
Tents."
Un-hosted" means any transient accommodation rental that is not the principal home of
the property owner and without an operator located on the same building site during rental
operations."
Verified complaint" means any complaint filed on a complaint form prepared by the
planning department pursuant to rule 9 of the planning department rules of practice and
procedure or forwarded to the department and verified as a zoning code violation by the
dirertnr."
SECTION 3. Chapter 25, article 1, section 25-1-5, of the Hawaii County Code 1983
2016 Edition, as amended) is amended by amending the definition of "reachable" to read as
follows:
Reachable" means being able to:
1) Respond via telephone to a request from a guest, neighbor, or County agency within
one hour of receiving that request; and
2) Be physically present at the [r, oft tefffi ..,,,.atier] transient accommodation rental
within three hours of receiving a call from a guest, neighbor, or County agency,
when that guest, neighbor, or County agency requests the presence of the reachable
person."
SECTION 4. Chapter 25, article 4, sections 25-4-16, 25-4-16.1, 25-4-16.2, and 25-4-
16.3, of the Hawaii County Code 1983 (2016 Edition, as amended), are repealed.
SECTION 5. Chapter 25, article 4, of the Hawaii County Code 1983 (2016 Edition, as
amended), is amended by adding the following new division to read as follows:
Division 1. 1. Use Regulations — Transient Accommodation Rentals.
Section 25-4-16. Transient accommodation rental reLvistration required;
exceptions.
a) The County of Hawaii recognizes three types of transient accommodation rentals:
owner -hosted, operator -hosted, and un-hosted. All three types of transient
accommodation rentals must be registered with the planning. department as permitted
in sections 25-4-16.1, 25-4- 16.2 and 25-4- 16.3, except as provided in subsection (b).
b) Registration as a transient accommodation rental shall not be required if:
1) The rental is not being provided to a transient or transients as defined by this
chapter;
2) There is an emergency declaration enabling temporary shelter for displaced
person s;
3) There is a reciprocal exchange of principal homes between owners and no
financial exchange or other compensation occurs;
4) The dwelling is being provided to a tenant under a month -to -month lease
subject to chapter 521, Hawaii Revised Statutes, the Hawaii residential
landlord -tenant code; or
5) The rental use is subject to a use permit or special permit duly issued prior to
the effective date of this ordinance which conditions contained therein shall
continue to apply to such use and take precedence over this division, except
insofar as section 25-4-16.17 is applicable to such use.
c) Any property owner that claims an exception set forth in this section where there is
prima facie evidence to the contrary, shall be considered to be in violation of this
chapter and subject to the fines set forth in section 25-4.16.19.
Section 25-4-16.1 Owner -hosted transient accommodation rentals.
a) Where permitted. When the transient accommodation rental is subordinate and clearly
or customarily incidental to its use as the principal home of the owner, a transient
accommodation rental may be registered at any time in an.. zoning district subject to
the following requirements:
1) The transient accommodation rental shall be located in a single-family dwelling,
inclusive of a detached bedroom or guesthouse;
2) The transient accommodation rental shall not be permitted in an additional farm
dwelling, additional dwelling unit, or ohana dwelling; and
3) The owner shall live on the building site of the transient accommodation rental.
b) Nonconforming use.
1) If the transient accommodation rental has been in regular use in an ohana
T,
dwelling or additional dwelling unit on the same building site, the owner shall
have the burden of proof in establishing that the ohana dwelling or additional
dwelling unit was in use as a transient accommodation rental on or before the
effective date of this ordinance, and may register by obtaining a nonconforming
use certificate pursuant to this section.
2) Owner -hosted nonconforming use certificates may only be transferred upon a
change in ownership if the new owner intends to use the property as their
principal home.
3) Nonconforming use certificates must be renewed annually in accordance with.
section 25-4-16.14.
c Fees.
1) Initial registration: $500.
2) Annual registration renewal: $100.
3) Nonconforming use certificate: $250.
4) Annual nonconforming use certificate renewal: $250.
Section 25-4-16.2 Operator -hosted transient accommodation rentals.
a) Where permitted. When the transient accommodation rental is subordinate and clearly
or customarily incidental to the use as the residence and permanent address of the
operator, a transient accommodation rental may be registered at any time subject to
the following requirements in the following districts:
1) V, CG, CN, CV, and CDH districts, including these districts situated within a
project district;
2) Residential districts, situated in general plan resort and resort node areas,
including areas designated as open in the general plan which adjoin the resort or
resort node areas along the shoreline and areas within a project district; and
3) RM district, for multiple family dwellings within a condominium property
regime as defined and governed by chapters 514A or 514B, Hawaii Revised
Statutes, including within a project district.
b) Additional conditions.
1) The transient accommodation rental shall be located in a single-family dwelling,
inclusive of a detached bedroom or guesthouse;
2) The transient accommodation rental shall not be permitted in an additional farm
dwelling, additional dwelling unit, or ohana dwelling; and
3) The operator shall live on the building site of the transient accommodation
rental.
c) Nonconforming use.
1) In districts other than those specified in (a), the owner shall have the burden of
proof in establishing; that the property was in regular use as a transient
accommodation rental on or before the effective date of this ordinance and that
an operator was residing on the property. The owner maregister by obtaining a
nonconforming use certificate pursuant to this section.
2) Operator -hosted nonconforming use certificates granted may only be transferred
upon change in ownership if the new owner provides evidence of an operator in
the form of a lease or contract with an operator or the new owner intends to use
the property as their principal home.
3) Nonconforming use certificates must be renewed annually in accordance with
section 25-4-16.14.
d) Fees_
1) Initial registration: $750.
2) Annual registration renewal: $150.
3) Nonconforming use certificate: $375.
4) Annual nonconforming- use certificate renewal: $375.
Section 25-4-16.3. Un-hosted transient accommodation rentals.
a) Where permitted. Un-hosted transient accommodation rentals may be registered at
any time in the following- districts:
1) V, CG, CN, CV, and CDH districts, including these districts situated within a
project district;
2) Residential districts, situated in general plan resort and resort node areas,
including areas designated as open in the general plan which adjoin the resort or
resort node areas along the shoreline and areas within a project district; and
3) RM district, for multiple family dwellings within a condominium property
regime as defined and governed by chapters 514A or 514B, Hawaii Revised
Statutes, including within a project district.
b) Nonconforming use.
1) In districts other than those specified in subsection (a), un-hosted transient
accommodation rentals may only perate with a nonconforming use certificate.
Unless having obtained a nonconforming use certificate prior to the effective
date of this ordinance, the owner may register by obtaining a nonforming use
certificate subject to paragraph (2).
2) The owner shall have the burden of proof in establishing_
i) That the building site was in regular use as a transient accommodation
rental before the effective date of this ordinance-, and
ii) That at no time after April 1, 2019 was the transient accommodation rental
rented for any rental period of thirty days or less.
3) Nonconforming use certificates must be renewed annually in accordance with
section 25-4-16.14.
c Fees.
1) Initial registration: $1000.
2) Annual registration renewal: $250.
3) Nonconforming use certificate: $500.
4) Annual nonconforming use certificate renewal: $500.
Section 25-4-16.4. Transient accommodation rental registration and nonconforming
use fee schedule.
TRANSIENT ACCOMMODATION RENTAL REGISTRATION AND
NONCONFORMING USE FEE SCHEDULE
Rental Type
Initial
Re istration
Annual Registration NUC Initial &
Annual RenewalRenewal
Owner -Hosted 500 100 250
Operator -Hosted 750 150 375
Un-hosted 1000 250 500
Section 25-4-16.5. Additional registration requirements; all transient
accommodation rentals.
To register, all transient accommodation rentals must also satisfy the following
requirements:
1) The transient accommodation rental must have off-street parking as required by
the department's transient accommodation rental parking- schedule set forth in
section 25-4-51 or applicable parking standards in this chapter;
2) The transient accommodation rental must meet health and safety requirements
established by law;
3) Owners of transient accommodation rentals must have State of Hawaii general
excise tax and transient accommodation tax licenses that are in effect; and
4) Owners of transient accommodation rentals must be current on their Hawaii
County real property taxes, that is, they must be paid in full.
Section 25-4-16.6. When to register.
a) Owners of transient accommodation rentals in operation on or before June 30. 2024
who have submitted a registration application and the initial registration fee on or
before June 30, 2025, shall be allowed to continue to operate until such time as their
application is approved or denied by the department subject to the standards in
section 25-4-16.1.7 and fines in section 25-4-16.19.
b) Existing un-hosted transient accommodation rentals that were previously registered as
short-term vacation rentals shall not be required to reregister, however, they will be
required to renew their registration annually in accordance with section 25- 4-16.9.
c) Any new transient accommodation rentals shall be registered with the director prior to
use of such rental and upon payment of the initial registration fee.
Section 25-4-16. 7. Rental registration process.
a) Owners of a transient accommodation rental shall register by submitting a registration
application to the planning department in a format prescribed by the director. The
registration form, at a minimum, shall include:
1) Property address and tax map key number;
2) Name and contact information for the property owner. Name and contact
information for the operator, if different from the property owner, or the
reachable person or persons if the transient accommodation rental is un-hosted,
3) If required pursuant to chapter 467, Hawaii Revised Statutes, a copy of a
current, valid real estate broker's license or real estate salesperson's license;
4) Submittal of a site drawing, showing the location of all structures on the site, the
transient accommodation rental, and requisite off-street parking;
5) A declaration in a format determined by the director that the transient
accommodation rental meets health and safety requirements;
6) A maximum renter limit in accordance with section 25-4-16.17, paragraph (2);
and
7) Copies of a current State of Hawaii general excise tax license and current
transient accommodation tax license.
b) Unon acceptance of a registration application and determination that it is accurate and
complete, the planning director shall issue the property owner a transient
accommodation rental registration number.
c) Issuance of a transient accommodation rental registration number shall not grant any
right, privilege, immunity, or other allowance to the subject property except as herein
provided. and shall not dispense with the necessity to comply with anv applicable law
to which the owner may be subject
Section 25-4-16.8. Failure to rel4ister.
Any transient accommodation rental that has not lawfully registered shall be
considered an unpermitted use and subject to the fines set forth in section 25-4-16.19 until
the rental is properly registered or ceases to operate as a transient accommodation rental.
Section 25-4-16.9. Annual renewal of registration required.
a) All transient accommodation rental reaistrations shall be renewed anrivall
b) Transient accommodation rental owners shall submit their registration renewal by the
following deadlines:
1) For transient accommodation rentals registered on or prior to June 30, 2025, o
or prior to a date specified by the director; or
2) For transient accommodation rentals registered after June 30, 2025, on or before
the date that the transient accommodation rental registration number was issued
by the department.
c) In addition to any requirements established by the department's rules, all renewal
applications shall include:
1) Evidence that real property taxes and County of Hawaii transient
accommodation taxes for the rental were paid in full during the previous Year;
and
2) Payment of an annual renewal fee.
d) If the renewal is submitted within ninety dqys after the due date, a late renewal fee of
100 shall be assessed.
Section 25-4-1.6. 10. Annual renewal of registration; denial.
Renewal of a registration may be denied if the director verifies anv of the following:
1) The applicant has violated pertinent laws;
2) The affidavit affirming that the transient accommodation rental meets all health,
safety and code requirements is found to be inaccurate;
3) The owner is delinquent in payment of County property taxes, transient
accommodation taxes, fees, fines, or penalties assessed in relation to the
transient accommodation rental:
4) Evidence of non -responsive management, such as issuance of a notice of
violation, police reports, or verified complaints of noise or other disturbances
relating to the transient accommodation rental operations;
5) The renewal request and renewal fee were not received within ninety days of the
expiration date indicated on the certificate: or
6) Any violation of standards set forth in section 25-4-16.17.
Section 25-4-16. 11. Notice of denial of registration renewal and appeal.
a) Notice of a decision by the director to deny a registration renewal shall be transmitted
in writing to the property owner.
b) Within thirty days after the transmittal of a notice of denial, the owner may ppeal to
the board of appeals as provided by section 6-9.2, County Charter, and sections 25-2-
20 through 25-2-25.
Section 25-4-16.12. Transient accommodation changes of information; ownership.
a) Owners shall notify the director by submittingachange of information form when there
have been changes to: 1)
The host or the host's contact information; 2)
The reachable person or the reachable person's contact information; 3)
The number of bedrooms included in the transient accommodation rental; 4)
The site plan, floor plan, or the structure of the transient accommodation rental; or
5)
A transient accommodation rental establishment permanently ceases to operate for
any reason. b)
Upon change in ownership, a change of ownership form and a change of registration fee
of $250 shall be submitted to the planning department by the new owner within ninety
daysof the change in ownership.
Section 25-4-16.13. Transient accommodation rental nonconforming use certificate.
a) Any applicant who has received approval for a transient accommodation rental
nonconforming use certificate must notify by letter all owners and lessees of record of
all lots of which any portion is within three hundred feet of any point along the
perimeter boundary of the transient accommodation rental property within sixty dqys
of approval. The notification letter shall provide detailed information about the
transient accommodation rental operation including: the transient accommodation
rental registration number; number of units being rented, maximum number of renters
permitted; number and location of required off-street parking spaces; and contact
information for the host or reachable person.
b) Owners of transient accommodation rentals who have submitted a nonconforming use
certificate application and the application fee on or before June 30, 2025, shall be
allowed to continue to operate until such time as their application is determined to be
accurate and complete by the department subject to the standards in section 25-4-
16.17 and fines in section 25-4-16.19.
c) If at any time an owner -hosted or operator -hosted transient accommodation rental
with a nonconforming use certificate is found to be un-hosted, the transient
accommodation rental registration and the hosted nonconforming use certificate shall
be revoked and a fine shall be imposed in accordance with the schedule established in
section 25-4-16.19.
d) If at any time an un-hosted transient accommodation rental with a nonconforming use
certificate subject to section 25-4-1.6.3, subsection (b),paragraph(2), is found to be
rented for a rental period of thirtydays or less, the transient accommodation rental
registration and the nonconforming use certificate shall be revoked and a fine shall be
imposed in accordance with the schedule established in section 25-4-16.19.
Section 25-4-16.14. Annual renewal of nonconforming use certificates.
a) Nonconforming use certificates must be renewed every near on or before the
expiration date indicated on the certificate.
b) At the time of renewal, a renewal fee shall be remitted in accordance with the
schedule in section 25-4-16.4.
c) For nonconforming use certificate renewals submitted within ninety days after the
due date a late renewal fee of $100 shall be assessed
d) Nonconforming use certificates overdue by more than ninety days will not be
accepted and the failure to renew shall be considered voluntary forfeiture of the
certificate, rendering the certificate ineligible for further renewal.
Section 25-4-16.15. Annual renewal of nonconforminLy use certificates: denial.
Renewal of a nonconforming use certificate may be denied if the director verifies any
of the following:
l) The qpplicant has violated pertinent laws,
2) The affidavit affirming that the transient accommodation rental meets all health
safety, and code requirements is found to be inaccurate;
3) The owner is delinquent in payment of County property taxes, transient
accommodation taxes, fees, fines, or penalties assessed in relation to the
transient accommodation rental;
4) Evidence of non -responsive management, such as issuance of a notice of
violation, police reports, or verified complaints of noise or other disturbances
relating to the transient accommodation rental operations;
5) The renewal request and renewal fee were not received within ninetydaysof the expiration
date indicated on the certificate-, 6)
Any violation of standards set forth in section 25-4-16.17-, or 7)
The transient accommodation rental has been abandoned pursuant to section 25- 4-
62. Section
25-4-16.16. Notice of denial of a nonconforming use certificate application or renewal
and appeal. a)
Notice of a decision by the director to deny a nonconforminy, use certificate or renewal
of a nonconforminy, use certificate shall be transmitted in writiny to the property
owner. b)
Within thirty days after the transmittal of a notice of denial, the owner mqy appeal to the
board of appeals as provided by section 6-9.2, Hawaii County Charter, and sections
25-2-20 through 25-2-25. Section
25-4-16.17. Transient accommodation rental operation standards. All
transient accommodation rentals shall comply with the following standards, which
shall be prominently displayed within the rental. 1)
Posted information and responsive management standards. A)
For hosted rentals, a host shall physically reside on the same building site as
the transient accommodation rental during transient accommodation rental
operations and shall be reachable at the request of renters, neighbors,
and County agencies within one hour of a request. A copy o the
registration as well as the host's name and phone number, shall be displayed
in a conspicuous place on the premises that is readily visible to any
occupants. In emergency or unforeseen circumstances, the host may request
a temporary exception from this standard from the director. B)
For un-hosted rentals, a reachable person shall respond via telephone to request
from a guest, neighbor, or County agency within one hour of receiving
that request and shall be physically present at the transient accommodation
rental within three hours of receiving a call from a renter, neighbor,
or Counly, agency, when that renter, neighbor, or County agency requests
the presence of the reachable person. A copy of the registration as well
as the host's name and phone number, shall be displayed in a conspicuous
place on the premises that is readily visible to any occupants. C)
The registration and the nonconforming use or hosted nonconforming use certificates
if applicable, shall be displayed in a conspicuous place on the premises
that is readily visible to an inspector. In the event that a single address
is associated with numerous nonconforming use certificates, listing
of all units at that address holding current certificates mqy displayed
in a conspicuous, readily visible common area instead. 2)
Good neighbor standards. co
A) Unless established otherwise by the director at the time of issuance of the
transient accommodation rental registration number, the renter limit for
adult occupants in a transient accommodation rental shall be two more
than twice the number of bedrooms for rent.
B) All overnight renters shall be registered with the owner or host and shall,
in the rental agreement, agree to comply with the terms of use of the
property_
C) The maximum gathering size shall not exceed double the overall renter
limit and shall only use off-street parking or legal on -street parking.
D) In hosted transient accommodation rentals, only breakfast meals may be
offered to guests. The serving of breakfast meals on the building site, for a
fee to individuals other than registered guests shall be prohibited. Owners
shall secure any required permit from the State department of health for
the service of breakfast meals.
E) Weddings, wedding receptions, concerts, or events, are prohibited unless
allowed by pecial permit or use permit.
F) Applicants, owners, operators, reachable persons, and renters shall comply
with the terms of special permit or use permit conditions to mitigate the
impacts of the event on surrounding properties, including but not limited
to: event size; type of event, temporary structures; use of sound
amplifying devices; parking requirements; and additional insurance
coverage.
G) Quiet hours shall be from 10:00 p.m. to 8:00 a.m., during which time the
noise from the transient accommodation rental shall not disturb adjacent
neighbors. Sound that is audible beyond the property boundaries during
non -quiet hours shall not exceed the standards set forth in title 1.1, chapter
46, Hawai`i Administrative Rules. For the purposes of this section,
audible" means perceptible by person without the use of a sound
detection device or audio aides. Violations of this standard shall be
reported to the Hawaii County police department.
H) Off-street parking shall meet the requirements set forth in section 25-4-51
and applicable parking standards in this chapter, and all guest vehicles
shall be parked in the designated onsite parking area.
3) Advertising and signage standards.
A) All print and internet advertising of transient accommodation rentals,
including listings with a rental service or real estate firm, shall include the
registration number and the nonconforming use certificate number or
hosted nonconforming use certificate number.
B) Advertising or promoting a transient accommodation rental as a venue for
weddings, wedding receptions, concerts, or events, and providing any
professional services to anyone other than registered guests of a transient
accommodation rental is prohibited unless allowed by special permit or
use permit.
C) Any commercial signage that advertises a transient accommodation rental
shall comply with the requirements of section 22-2.6 and chapter 3 of the
Hawaii County Code.
D) Except for multi -family units, signage indicating the street address of the
transient accommodation rental should be clearly visible from the main
roadway used to access the property.
Section 25-4-16.18. Prima facie evidence; transient accommodation rentals.
a) The following shall constitute prima facie evidence that a transient accommodation
rental is operatingproperty and the conditions under which it is operating:
1) Advertising of any sort that offers a property as a transient accommodation
rental;
2) The ability of the planning department to book the rental under an off the
conditions defined by this section as requiring transient accommodation rental
registration;
3) Hawai`i County transient accommodation tax receipts; or
4) In the event that the County enters into a contract with third party hosting
platforms to provide transient accommodation rental listing, information, a
report provided by the engaged third party.
b) The burden of proof shall be on the owner to establish either that the property is not
being used as a transient accommodation rental or that it is being used for such
purpose legally.
Section 25-4-16.19. Transient accommodation rental fee and fine schedule.
TRANSIENT ACCOMMODATION RENTAL FEES
Change in ownership$250
Late fee registration or nonconforming use certificate renewal 100
TRANSIENT ACCOMMODATION RENTAL FINE SCHEDULE
First Violation 2,500
Second Violation 5,000
Third Violation 10,000
Section 25-4-16.20. Complaints, violations, and public information.
The director shall:
1) Receive and track complaints regarding transient accommodation rentals,
2) Establish and maintain administrative rules for determining if a complaint is
valid and there has been a violation;
3) Provide information about rules, policies, and procedures pertaining to transient
accommodation rentals to property owners, operators, neighbors, and the
general public; and
4) Maintain and keep available for public reference, both in the office of the
director and in an electronic format a current list of all transient
accommodation rentals that have registered or received a nonconforming use
certificate and any violations associated with the property,
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Section 25-4-16. 21. Transient accommodation rental enforcement account.
a) The "short-term vacation rental enforcement fund" created pursuant to section 10-12,
Hawaii County Charter, shall be renamed the "transient accommodation rental
enforcement fund." This fund shall be administered by the director.
b) This account shall be funded by all fees and fines collected in connection with the
administration and enforcement of the County's transient accommodation rental law.
c) The funds in this account shall be utilized to pay for expenses that facilitate the
administration and enforcement of the County's transient accommodation rental law.
Section 25-4-16.22. Transient accommodation rental administrative enforcement.
a) If the director finds that any persons have violated the provisions of this chapter, in
addition to the fines established in section 16-4-16.19 and any criminal fines, the
director shall impose additional fines in the amount oftwo times the hivhest daily rate
at which the transient accommodation rental has been advertised.
b) The owner and host shall be jointly and severally liable for all fees and fines imposed
in connection with the transient accommodation rental.
Section 25-4-16.23. Notice of violation and appeal.
a) Notice of a violation of the transient accommodation rental standards shall be
T
transmitted in writing within ten days of the director's determination that a violation
has been committed. Written notice of violation shall be provided via certified mail.
b) Service of the notice of violation upon the operator shall be effective as though served
upon the host and the property owner. In the event that the operator is not the
property owner, a copy of the notice of violation shall also be mailed to the property
owner at the address of the property owner on file with the real property tax division
of the County of Hawaii.
c) Within thirty dqys after the transmittal of the notice of violation and order, any person
adversely affected by the notice of violation and order may ppeal the notice of
violation and order to the board of appeals as provided by section 6-9.2, Hawaii
County Charter and sections 25-2-20 through 25-2-25, Hawai`i County Code. An
appeal to the board of appeals shall not stay the provisions of the order pending the
final decision of the board of appeals.
Section 25-4-16.24. Suspension and nonrenewal of transient accommodation rental
registrations and nonconforming use certificates.
a) If a transient accommodation rental receives three or more enforcement actions in
violation of this chapter within a twelve-month period, the director shall suspend their
transient accommodation rental registration and their nonconforming use certificate if
applicable, for a period of two years.
b) The director may also refuse to renew a certificate of registration if the applicant has
not addressed an enforcement violation.
Section 25-4-16.25. Property tax assessment for transient accommodation rentals.
a) When any portion of a dwelling is rented or leased for less than one hundred eighty
days at a time during the assessment year, the entire property will be ineligible for the
real property homeowner tax classification pursuant to section 19-53. The real
13
property tax homeowner exemption will apply proportionally to the area exclusively
occupied by the homeowner pursuant to section 19- 71.
b) When the entire dwelling is rented or leased for less than one hundred eighty dam
time during the assessment year, the entire property will be ineligible for the real
property homeowner exemption and the real property homeowner tax classification
pursuant to sections 19-71 and 19-72.
c) If there is more than one dwelling on a property, and the owner resides in one
dwelling and rents or leases another dwelling for anything; other than affordable rental
housing (which requires an application be submitted to the real property tax division),
the entire property is ineligible for the real property homeowner tax classification
pursuant to section 19-53. The real property tax homeowner exemption will apply
proportionally to the area exclusively occupied by the homeowner pursuant to section
19-71.
d) One hundred eighty days as referred to in this section is the consecutive total of days
rented to a single tenant. Advertising or application for a transient accommodation
rental or nonconforming use certificate will be considered as prima facia evidence.
Section 25-4-16.26. Property tax amnesty for transient accommodation rentals.
a) For the purpose of ensuring compliance with the registration requirements for
transient accommodation rentals, a tax amnesty period shall be established.
b) Owners who have been operating an owner -hosted transient accommodation rental
who submit a notarized affidavit to the real property tax department by December 31,
2024 indicating that they will cease transient accommodation rental operations as of
the date the affidavit is signed, shall remain in the homeowner tax classification and
shall not be liable for rollback taxes based on the loss of the homeowners tax class for
the tax years 2022, 2023, and 2024. If transient accommodation rental operations do
not cease as indicated in the affidavit, a rollback of the current year and two prior
years, a ten percent penalty, and a fine will be assessed.
c) Owners who have been operating an owner -hosted transient accommodation rental
and register the rental in accordance with this chapter by December 31, 2024 shall be
assessed in accordance with chapter 19 for the subsequent tax year but shall not be
liable for rollback taxes based on the loss of the homeowners tax class for the tax
years 2023 and 2024.
d) The amnesty program shall not retroactively apply to property owners who have
already been subject to property taxadjustments based on previous transient
accommodation rental operations.
Section 25-4-16.27. Director duties in event of emergency.
In the event of a declared emergency, natural or manmade, where a significant
number of nonconforming use transient accommodation rentals are permanently lost within
any given judicial district, the director shall assess the effect of such loss upon the affected
district and if deemed necessary, initiate legislative and administrative opportunities to
restore transient accommodation rental capacity to primary residents who relocate within
the affected district."
14
SECTION 6. Chapter 25, article 4, of the Hawaii County Code 1983 (2016 Edition, as
amended), is amended by adding the following new division to read as follows:
Division 1.2. Visitor Destination Areas.
Section 25-4-17. Purpose and applicability.
The visitor destination area is a land use designation that allows transient
accommodation rentals to lawfully perate in any zoning district. This designation
applies to areas that have high concentrations of transient accommodation rentals,
ensuring these operations are consolidated in appropriate locations. It also applies to
areas without adequate hotels or resorts, and in proximity to visitor -related establishments
or activities, such as beaches, golf courses, landmarks, entertainment venues, and other
scenic commercial or recreational facilities.
Section 25-4-17.1. General provisions
Notwithstanding any provision to the contrary, transient accommodation rentals
within a visitor destination area may be registered at any time, subject to the following
requirements:
1) Registration shall be made in accordance with division 1. 1,
2) In the case of an un-hosted transient accommodation rental established after
January 1, 2025, the owner must maintain their principal residence within the
County;
3) Except as to the registration fees set forth therein, sections 25-4-16.1, 25-4-
16.2, and 25-4-16.3 shall not apply to transient accommodation rentals within
a visitor destination area; and
4) The transient accommodation rental shall comply with division 1.1 in all other
respects not otherwise provided for by this division.
Section 25-4-17.2. Designated visitor destination areas; boundaries.
The following areas are designated as visitor destination areas:
a) Hamakua
b) North Hilo
c) South Hilo
d Ka`u
e) Kohala
ff' Kona
jgj Puna"
15
SECTION 7. Chapter 25, article 4, of the Hawaii County Code 1983 (2016 Edition, as
amended), is amended by adding the following new division to read as follows:
Division 1.3. Hosting Platforms, Transient Accommodation Rentals.
Section 25-4-18. Booking services.
a) Apy person or entity acting as, or on behalf of, a hosting platform shall not provide and
collect, or receive a fee for booking services in connection with any transient
accommodation rental that is not lawfully registered or permitted pursuant to this chapter.
b) Hosting platforms shall not collect nor receive a fee, directly or indirectly through an agen
or intermediary, for facilitating or providing services ancillary to a transient
accommodation rental that is not lawfully registered or permitted pursuant to this chapter o
does not have the appropriate use permit issued pursuant to this chapter. Prohibited
ancillary services shall include insurance, concierge services, catering, restaurant bookings
tours, guide services, entertainment, cleaning, property management, or maintenance of the
residential property or unit.
Section 25-4-18.1. Registration.
a) Hosting platforms shall not provide booking services to owners or operators of transient
accommodation rentals without first registering with the department. To register, a hosting
platform shall complete and provide a hosting platform registration to the director in aform.
prescribed by the director, pay a registration fee of $100, and agree in writing to:
1) Obtain written consent from all owners or operators of transient accommodation
rentals for the disclosure of the information required by the director; and
2) Furnish such information to the County in accordance with section 25-4-18.2.
b) A hosting platform may cancel its registration by delivering written notice of cancellation
to the director.
e) The director may cancel a hosting platform's registration for cause, including gLny violation
of this division.
d) Nothing in this section relieves the owner or operator of a transient accommodation rental
from the registration requirements set forth in this chapter.
Section 25-4-18.2. Reporting.
a) All hosting platforms registered pursuant to section 25-4-18.1 shall submit a monthly report
to the director on the date and in the format prescribed by the director, for any transient
accommodation rental located within the County for which the hosting platform provided
booking services in the preceding month. The report shall include:
1) The tax map key number of each listing, and
2) The transient accommodations tax identification number of the owner or operator of
the transient accommodation rental.
b) The director may disclose such information to the appropriate State or County officials to
ensure compliance with this Code, State tax laws, and County tax ordinances, and any
applicable land use laws and ordinances.
Section 25-4-18-3. Penalties.
Any violation of this division shall be subject to a civil fine of not less than $ 1,000 and not
more than $10,000 for each day that the violation continues.
16
Section 25-4-18.4. Notice of violation and order; cancelation of registration; appeal.
a) A notice of a violation and order shall be transmitted in writing to the hosting platform
within ten days of determination by the director that a violation has been committed.
b) Notice of registration cancellation shall be transmitted in writing to the hosting platform no
later than ninety days prior to the effective date of cancellation.
c) Within thirty days after the transmittal of the notice of violation and order or cancellation
of registration, any person adversely affected by the notice of violation and order maY
appeal the notice of violation and order or cancellation of registration to the board of
appeals as provided by section 6-9.2, Hawaii County Charter, and sections 25-2-20
through 25-2-25. An appeal to the board of appeals shall not stay the provisions of the order
pending the final decision of the board of appeals."
Section 25-4-1.8.5. Exemptions.
a) This division shall not apply to an owner advertising any transient accommodation rental
under their ownership, or to a propeLty manager, or real estate salesperson or broker
advertising for no more than one transient accommodation rental under their management
or operation.
b) Areal estate salesperson or broker advertising for more than one transient accommodation
rental shall comply with this division, except that:
1) The report required in section 25-4-18.2 may be submitted on an annual basis no later
than the last day of each January and cover the preceding calendar year; and
2) Failure to file an annual retort under this section shall incur a fine of $250."
SECTION 8. Chapter 25, article 5, division 1, section 25-5-3, of the Hawaii County
Code 1983 (2016 Edition, as amended) is amended by amending subsection (a) to read as
follows:
a) The following uses shall be permitted in the RS district:
1) Adult day care homes.
2) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
Code.
3) Community buildings, as permitted under section 25-4-11.
4) Crop production.
5) Dwellings, single-family.
6) Family child care homes.
7) Group living facilities.
8) Home occupations, as permitted under section 25-4-13.
9) Meeting facilities.
10) Model homes, as permitted under section 25-4-8.
11) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar
neighborhood recreational areas and uses.
12) Public uses and structures, as permitted under section 25-4-11.
area]
44)] (13) Temporary real estate offices, as permitted under section 25-4-8.
17
14) Transient accommodation rentals, Operator -hosted, situated in either of the
following:
A) General plan resort and resort node areas, including; areas designated as
open in the general plan which adjoin the resort or resort node areas
along the shoreline; or
B) Areas within a project district.
15) Transient accommodation rentals, Owner -hosted.
16) Transient accommodation rentals, Un-hosted, situated in either of the following:
A) General plan resort and resort node areas, including areas designated as
open in the general plan which adjoin the resort or resort node areas
along- the shoreline; or
B) Areas within a project district.
tU7 Utility substations, as permitted under section 25-4-11."
SECTION 9. Chapter 25, article 5, division 2, section 25-5-22, of the Hawaii County
Code 1983 (2016 Edition, as amended) is amended by amending subsection (a) to read as
follows:
a) The following uses shall be permitted in the RD district:
1) Adult day care homes.
2) Bed and breakfast establishments as permitted under section 25-4-7.
3) Cemeteries and mausoleums, as permitted under chapter 6, article 1 ofthis
Code.
4) Community buildings, as permitted under section 25-4-11.
5) Crop production.
6) Dwellings, double -family or duplex.
7) Dwellings, single-family.
8) Family child care homes.
9) Group living facilities.
10) Home occupations, as permitted under section 25-4-13.
11) Meeting facilities.
12) Model homes, as permitted under section 25-4-8.
13) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar
neighborhood recreational areas and uses.
14) Public uses and structures, as permitted under section 25-4-11.
15) Shei4 ter-m vacation rentals situa4ed in the general plan r-esei4 and feseft node
areas.]
46}] (15 Temporary real estate offices, as permitted under section 25-4-8. 16)
Transient accommodation rentals, Operator -hosted, situated in either of the following:
A)
General plan resort and resort node areas, including areas designated as open
in the general plan which adjoin the resort or resort node areas alone;
the shoreline; or B)
Areas within a project district. 17)
Transient accommodation rentals, Owner -hosted. 18
18) Transient accommodation rentals, Un-hosted, situated in either of the following:
A) General plan resort and resort node areas, including areas designated as
open in the general plan which adjoin the resort or resort node areas
along the shoreline; or
B) Areas within a project district.
4-7)] (U9 Utility substations, as permitted under section 25-4-1 L"
SECTION 10. Chapter 25, article 5, division 3, section 25-5-32, of the Hawaii County
Code 1983 (2016 Edition, as amended) is amended by amending subsection (a) to read as
follows:
a) The following uses shall be permitted in the RM district:
1) Adult day care homes.
2) Bed and breakfast establishments, as permitted under section 25-4-7.
3) Boarding facilities, rooming, or lodging houses.
4) Cemeteries and mausoleums, as permitted under chapter 6, article I of this
Code.
5) Commercial or personal service uses, on a small scale, as approved by the
director, provided that the total gross floor area does not exceed one thousand
two hundred square feet and a maximum of five employees.
6) Community buildings, as permitted under section 25-4-11.
7) Crop production.
8) Dwellings, double -family or duplex.
9) Dwellings, multiple -family.
10) Dwellings, single-family.
11) Family child care homes.
12) Group living facilities.
13) Home occupations, as permitted under section 25-4-13.
14) Meeting facilities.
15) Model homes, as permitted under section 25-4-8.
16) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar
neighborhood recreational areas and uses.
l 7) Public uses and structures, as permitted under section 25-4-11.
18) Shert tefm vaeation fentals situated iff any of the fellewing
A) General plan r-eseft and fesei4 node afeas.
B) Outside the general plan reseft and reseft fiede afeas, in multiple fam I— i'T
dwellifigs within a eendefninium pfepefty r-egitne as defined and
gavemed by ehapter-s 514A of 514B, 14awai'i Revised Statutes.]
tU8 Temporary real estate offices, as permitted under section 25-4-8.
2-0)] tU9 Time share units situated in any of the following:
A) Areas designated as resort under the general plan land use pattern
allocation guide (LUPAG) map.
B) Areas determined by the director to be within resort areas identified by
the general plan land use element, except for retreat resort areas.
19
C) Areas determined for such use by the council, by resolution.
20) Transient accommodation rentals, Operator -hosted, situated in any of the
following:
A) General plan resort and resort node areas, including areas designated as
open in the general plan which adjoin the resort or resort node areas
along the shoreline;
B) Areas within a project district; or
C) Outside the general plan resort and resort node areas, in multiple family
dwellings within a condominium property regime as defined and
governed by chqpter 514A or 514B, Hawaii Revised Statutes.
21) Transient accommodation rental, Owner -hosted.
22) Transient accommodation rentals, Un-hosted situated in any ofthe following:
A) General plan resort and resort node areas, including areas designated as
open in the general plan which adjoin the resort or resort node areas
along the shoreline;
B) Areas within a project district; or
C) Outside the general plan resort and resort node areas, in multiple family
dwellings within a condominium property regime as defined and
governed by chapter 514A or 514B, Hawaii Revised Statutes.
24)] (23) Utility substations, as permitted under section 25-4-11."
SECTION 11. Chapter 25, article 5, division 4, section 25-5-42, of the Hawaii County
Code 1983 (2016 Edition, as amended) is amended by amending subsection (a) to read as
follows:
a) The following uses shall be permitted in the RCX district:
1) Adult day care homes.
2) Bed and breakfast establishments, as permitted under section 25-4-7.
3) Boarding facilities, rooming, or lodging houses.
4) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
Code.
5) Churches, temples and synagogues.
6) Commercial or personal service uses, on a small scale, as approved by the
director.
7) Community buildings, as permitted under section 25-4-11.
8) Convenience stores.
9) Crop production.
10) Day care centers.
11) Dwellings, double -family or duplex.
12) Dwellings, multiple -family.
13) Dwellings, single-family.
14) Family child care homes.
15) Group living facilities.
16) Home occupations, as permitted under section 25-4-13.
17) Medical clinics.
Rol
18) Meeting facilities.
19) Model homes, as permitted under section 25-4-8.
20) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar
neighborhood recreational areas and uses.
21) Public uses and structures, as permitted under section 25-4-11.
22) Restaurants.
23) Schools.
areas.]
24) Transient accommodation rentals, Operator -hosted, situated in either of the
following:
A) General plan resort and resort node areas, includin)z areas designated as
open in the general plan which adjoin the resort or resort node areas
along the shoreline; or
B) Areas within a project district.
25) Transient accommodation rentals, Owner -hosted.
26) Transient accommodation rentals, Un-hosted situated in either of the
following:
A) General plan resort and resort node areas, including areas designated as
open in the general plan which adjoin the resort or resort node areas
along the shoreline; or
B) Areas within a project district.
tZ7 Utility substations, as permitted under section 25-4-11."
SECTION 12. Chapter 25, article 5, division 5, section 25-5-52, of the Hawaii County
Code 1983 (2016 Edition, as amended) is amended by amending subsection (a) to read as
follows:
a) The following uses shall be permitted in the RA district:
1) Adult day care homes.
2) Agricultural products processing, minor, provided that the site or buildings
used for such processing, shall be located at least seventy-five feet from any
street bounding the building site.
3) Agricultural tourism as permitted under section 25-4-15.
4) Animal hospitals.
5) Aquaculture.
6) Botanical gardens, nurseries and greenhouses, seed farms, plant experimental
stations, arboretums, floriculture, and similar uses dealing with the growing
of plants.
7) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of
this Code.
8) Crop production.
9) Dwelling, single-family, one per building site.
10) Family child care homes.
11) Group living facilities.
21
12) Kennels, provided that the building site is a minimum of five acres in area and
the structures are located at least one hundred feet away from any lot line.
13) Livestock production (excluding pigs), provided that:
A) The requirements of the department of health are met;
B) Approval of the director is obtained; and
C) Any feed or water area, salt lick, corral, run, barn, shed, stable, house,
hutch, or other enclosure for the keeping of any permitted animal shall
be located at least seventy-five feet from any lot line.
14) Parks, playgrounds, tennis courts, swimming pools, and other similar open
area recreational facilities.
15) Public uses and structures, as permitted under section 25- 4-11.
16) Roadside stands for the sale of agricultural products grown on the premises.
17) Stables, commercial or boarding, provided that the building site is a minimum
of five acres in area and the structures are located at least one hundred feet
away from any lot line.
18) Transient accommodation rentals, Owner -hosted.
1-8)] (19) Utility substations, as permitted under section 25-4-11.
2O) Veterinary establishments."
SECTION 13. Chapter 25, article 5, division 6, section 25-5-62, of the Hawaii County
Code 1983 (2016 Edition, as amended) is amended by amending subsection (a) to read as
follows:
a) The following uses shall be permitted in FA districts:
1) Agricultural products processing, minor, provided that the area or buildings
used for such processing, shall be located at least seventy-five feet from any
street.
2) Agricultural tourism as permitted under section 25-4-15.
3) Animal hospitals.
4) Aquaculture.
5) Botanical gardens, nurseries and greenhouses, seed farms, plant experimental
stations, arboretums, floriculture, and similar uses dealing with the growing of
plants.
6) Campgrounds, parks, playgrounds, tennis courts, swimming pools, and other
similar open area recreational facilities, where none of the recreational
features are entirely enclosed in a building.
7) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
Code.
8) Crop production.
9) Dwelling, single-family, as permitted under chapter 205, Hawaii Revised
Statutes and as permitted under section 25-5-67(b).
10) Farm dwellings, as permitted under section 25-5-67(b) and (c).
11) Game and fish propagation.
12) Group living facilities.
13) Kennels.
22
14) Livestock, grazing; provided that any feed or water area, salt lick, corral, run,
barn, shed, stable, house, hutch, or other enclosure for the keeping of any
permitted animals shall be located at least seventy-five feet from any lot line.
15) Public uses and structures, necessary for agricultural practices.
16) Retention, restoration, rehabilitation, or improvement of buildings or sites of
historic or scenic interest.
17) Riding academies, and rental or boarding stables.
18) Roadside stands for the sale of agricultural products grown on the premises.
19) Transient accommodation rentals, Owner -hosted.
1-9)] t20) Utility substations, as permitted under section 25-4-11.
20)] tZlVehicle and equipment storage areas that are directly accessory to aquaculture,
crop production, game and fish propagation, and livestock grazing.
R1-)] (
22) Veterinary establishments." SECTION
14. Chapter 25, article 5, division 7, section 25-5-72, of the Hawaii County Code
1983 (2016 Edition, as amended) is amended by amending subsection (a) to read as follows:
a)
The following uses shall be permitted in the A district: 1)
Agricultural parks. 2)
Agricultural products processing, major and minor. 3)
Agricultural tourism as permitted under section 25-4-15. 4)
Animal hospitals. 5)
Aquaculture. 6)
Botanical gardens, nurseries and greenhouses, seed farms, plant experimental stations,
arboretums, floriculture, and similar uses dealing with the growing of plants.
7)
Campgrounds, parks, playgrounds, tennis courts, swimming pools, and other similar
open area recreational facilities, where none of the recreational features
are entirely enclosed in a building. 8)
Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code.
9)
Crop production. 10)
Dwelling, single-family, as permitted under chapter 205, Hawaii Revised Statutes
and as permitted under section 25-5-77(b). 11)
Farm dwellings, as permitted under section 25-5-77(b) and (c). 12)
Fertilizer yards utilizing only manure and soil, for commercial use. 13)
Forestry. 14)
Game and fish propagation. 15)
Group living facilities. 16)
Kennels. 17)
Livestock production, provided that piggeries, apiaries, and pen feeding of livestock
shall only be located on sites approved by the State department of health
and the director, and must be located no closer than one thousand feet 23
away from any major public street or from any other zoning district.
18) Public uses and structures which are necessary for agricultural practices.
19) Retention, restoration, rehabilitation, or improvement of building or sites of
historic or scenic interest.
20) Riding academies, and rental or boarding stables.
21) Roadside stands for the sale of agricultural products grown on the premises.
22) Transient accommodation rentals, Owner -hosted.
22)] L23 Utility substations, as permitted under section 25-4-11.
23)] tZ4 Vehicle and equipment storage areas that are directly accessory to
aquaculture, crop production, game and fish propagation, livestock grazing
and livestock production.
24)] t25J Veterinary establishments.
R5)] (26 Wind energy facilities."
SECTION 15. Chapter 25, article 5, division 9, section 25-5-92, of the Hawaii County
Code 1983 (2016 Edition, as amended) is amended by amending subsection (a) to read as
follows:
a) The following uses shall be permitted in the V district:
1) Adult day care homes.
2) Amusement and recreational facilities, indoor.
3) Art galleries, museums.
4) Automobile service stations.
5) Bars, night clubs and cabarets.
6) Bed and breakfast establishments, as permitted under section 25-4-7.
7) Business services.
8) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
Code.
9) Churches, temples, and synagogues.
10) Commercial parking lots and garages.
11) Community buildings, as permitted under section 25-4-11.
12) Day care centers.
13) Dwellings, double -family or duplex.
14) Dwellings, multiple -family.
15) Dwellings, single-family.
16) Family child care homes.
17) Financial institutions.
18) Group living facilities.
19) Home occupations, as permitted under section 25- 4-13.
20) Hotels.
21) Lodges.
22) Medical clinics.
23) Meeting facilities.
24) Major outdoor amusement and recreation facilities.
25) .Model homes, as permitted under section 25-4-8.
24
26) Parks, playgrounds, tennis courts, swimming pools, and other similar open
area recreational facilities.
27) Personal services.
28) Photography studios.
29) Public uses and structures, as permitted under section 25-4-11.
30) Restaurants.
31) Retail establishments.
3-3)] QQ Telecommunication antennas, as permitted under section 25-4-12.
3-4)] Temporary real estate offices, as permitted under section 25-4-8.
3-5)] fa4Theaters. 36)]
Q5j Time share units. 36)
Transient accommodation rental, Operator -hosted. 37)
Transient accommodation rental, Owner -hosted. 38)
Transient accommodation rental, Un-hosted. 3-
7)] tj9j Utility substations, as permitted under section 25-4-11. 3-
8)] t4O Visitor information centers." SECTION
16. Chapter 25, article 5, division 10, section 25-5-102, of the Hawaii County
Code 1983 (2016 Edition, as amended) is amended by amending subsection (a) to read as follows:
a)
The following uses shall be permitted in the CN district: 1)
Adult day care homes. 2)
Amusement and recreation facilities, indoor. 3)
Automobile service stations. 4)
Bed and breakfast establishments, as permitted under section 25-4-7. 5)
Boarding facilities, rooming, or lodging houses, provided that the maximum density
shall be one thousand two hundred fifty square feet of land area per rentable
unit or dwelling unit. 6)
Business services. 7)
Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code.
8)
Churches, temples and synagogues. 9)
Community buildings, as permitted under section 25-4-11. 10)
Convenience stores. 11)
Crematoriums, funeral homes, funeral services, and mortuaries. 12)
Crop production. 13)
Day care centers. 14)
Dwellings, double -family or duplex, provided that the maximum density shall be
one thousand two hundred fifty square feet of land area per rentable unit or dwelling
unit. 15)
Dwellings, multiple -family, provided that the maximum density shall be one thousand
two hundred fifty square feet of land area per rentable unit or dwelling
unit. 25
16) Dwellings, single-family.
17) Family child care homes.
18) Farmers markets. When the vending activity in a farmers market involves
more than just the sale of local fresh and/or raw produce, plant life, fish and
local homegrown and homemade products for more than two days a week, the
director, at the time of plan approval, shall restrict the hours of use,
maintenance and operations and may require improvements as determined
appropriate to ensure its compatibility with the existing character of the
surrounding area.
19) Financial institutions.
20) Group living facilities.
21) Home occupations, as permitted under section 25-4-13.
22) Medical clinics.
23) Meeting facilities.
24) Model homes, as permitted under section 25-4-8.
25) Museums.
26) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar
neighborhood recreational areas and uses.
27) Offices.
28) Personal services.
29) Photography studios.
30) Public uses and structures, as permitted under section 25-4-11.
31) Repair establishments, minor.
32) Restaurants.
33) Retail establishments.
34) Schools.
3 5) Sheft tefm vacation rentals situated in the genefal plan r-eseft and fesaft fiede
areas.]
k-36)] (L5) Telecommunication antennas, as permitted under section 25-4-1.2.
37)] Theaters.
37) Transient accommodation rentals, Operator -hosted.
38) Transient accommodation rentals, Owner -hosted.
39) Transient accommodation rentals, Un-hosted.
38)] 40 Utility substations as permitted under section 25-4-11."
SECTION 17. Chapter 25, article 5, division 11, section 25-5-112, of the Hawaii
County Code 1983 (2016 Edition, as amended) is amended by amending subsection (a) to read as
follows:
a) The following uses shall be permitted uses in the CG district:
1) Adult day care homes.
2) Amusement and recreation facilities, indoor.
3) Art galleries, museums.
4) Art studios.
5) Automobile service stations.
XII
6) Automobile sales and rentals.
7) Bars, nightclubs and cabarets.
8) Bed and breakfast establishments, as permitted under section 25-4-7.
9) Boarding facilities, rooming, or lodging houses, provided that the maximum
density shall be one thousand two hundred fifty square feet of land area per
rentable unit or dwelling unit.
10) Broadcasting stations.
11) Business services.
12) Car washing, provided that if it is mechanized, sound attenuated structures or
sound attenuated walls shall be erected and maintained on the property lines.
13) Catering establishments.
14) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
Code.
15) Churches, temples and synagogues.
1.6) Cleaning plants using only nonflammable hydrocarbons in a sealed unit as the
cleansing agent.
17) Commercial parking lots and garages.
18) Community buildings, as permitted under section 25-4-11.
19) Convenience stores.
20) Crematoriums, funeral homes, funeral services, and mortuaries.
21) Crop production.
22) Day care centers.
23) Display rooms for products sold elsewhere.
24) Dwellings, double -family or duplex, provided that the maximum density shall.
be one thousand two hundred fifty square feet of land area per rentable unit or
dwelling unit.
25) Dwellings, multiple -family, provided that the maximum density shall be one
thousand two hundred fifty square feet of land area per rentable unit or
dwelling unit.
26) Dwellings, single-family.
27) Equipment sales and rental yards, and other yards where retail products are
displayed in the open.
28) Family child care homes.
29) Farmers markets. When the vending activity in a farmers market involves
more than just the sale of local fresh and/or raw produce, plant life, fish and
local homegrown and homemade products for more than two days a week, the
director, at the time of plan approval, shall restrict the hours of use,
maintenance and operations and may require improvements as determined
appropriate to ensure its compatibility with the existing character of the
surrounding area.
30) Financial institutions.
31) Group living facilities.
32) Home occupations, as permitted under section 25-4-13.
33) Hospitals, sanitariums, old age, convalescent, nursing and rest homes.
34) Hotels.
35) Ice storage and dispensing facilities.
M
36) Laboratories, medical and research.
37) Laundries.
38) Light manufacturing, processing and packaging, where the only retail sales
outlet for products produced is on the premises where produced.
39) Medical clinics.
40) Meeting facilities.
41) Model homes, as permitted under section 25-4-8.
42) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar
neighborhood recreational areas and uses.
43) Offices.
44) Personal services.
45) Photography studios.
46) Public uses and structures, as permitted under section 25-4-11.
47) Printing shops, cartographing and duplicating processes such as blueprinting
or photostating shops.
48) Repair establishments, minor.
49) Restaurants.
50) Retail establishments.
51) Schools.
52) Short term vacation fentals.]
53)] t52 Telecommunication antennas, as permitted under section 25-4-12.
54)] 5(_3 Theaters.
55)] t54 Time share units.
55) Transient accommodation rentals, Operator -hosted.
56) Transient accommodation rentals, Owner -hosted.
57) Transient accommodation rentals, Un-hosted.
W] (58 Utility substations, as permitted under section 25- 4-11.
5-7)] (59) Veterinary establishments."
SECTION 18. Chapter 25, article 5, division 12, section 25-5-122, of the Hawaii
County Code 1983 (2016 Edition, as amended) is amended by amending subsection (a) to read as
follows:
a) The following uses shall be permitted in the CV district:
1) Adult day care homes.
2) Amusement and recreation facilities, indoor.
3) Art galleries, museums.
4) Automobile sales and rentals.
5) Automobile service stations.
6) Bars.
7) Bed and breakfast establishments, as permitted under section 25-4-7.
8) Boarding facilities, rooming, or lodging houses, provided that the maximum
density shall be one thousand two hundred fifty square feet of land area per
rentable unit or dwelling unit.
9) Business services.
28
10) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
Code.
11) Churches, temples and synagogues.
12) Commercial parking lots and garages.
13) Community buildings, as permitted under section 25-4-11.
14) Convenience stores.
15) Crematoriums, funeral homes, funeral services, and mortuaries.
16) Crop production.
17) Day care centers.
18) Dwellings, double -family or duplex, provided that the maximum density shall
be one thousand two hundred fifty square feet of land area per rentable unit or
dwelling unit.
19) Dwellings, multiple -family, provided that the maximum density shall be one
thousand two hundred fifty square feet of land area per rentable unit or
dwelling unit.
20) Dwellings, single-family.
21) Family child care homes.
22) Farmers markets. When the vending activity in a farmers market involves
more than just the sale of local fresh and/or raw produce, plant life, fish and
local homegrown and homemade products for more than two days a week, the
director, at the time of plan approval, shall restrict the hours ofuse,
maintenance and operations and may require improvements as determined
appropriate to ensure its compatibility with the existing character of the
surrounding area.
23) Financial institutions.
24) Group living facilities.
25) Home occupations, as permitted under section 25-4-13.
26) Hospitals, sanitariums, old age, convalescent, nursing and rest homes.
27) Hotels, when the design and use conform to the character of the area, as
approved by the director.
28) Laboratories, medical and research.
29) Lodges.
30) Manufacturing, processing and packaging light and general, except for
concrete or asphalt products, where the products are distributed to retail
establishments located in the immediate community, as approved by the
director.
31) Medical clinics.
32) Meeting facilities.
33) Model homes, as permitted under section 25-4-8.
34) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar
neighborhood recreational areas and uses.
35) Offices.
36) Personal services.
37) Photography studios.
38) Public uses and structures, as permitted under section 25-4-11.
39) Publishing plants for newspapers, books and magazines, printing shops,
cartographing, and duplicating processes such as blueprinting or photostating
shops, which are designed to primarily serve the local area.
40) Repair establishments, major, when there are not more than five employees, as
approved by the director.
41) Repair establishments, minor.
42) Restaurants.
43) Retail establishments.
44) Schools.
46)] t45Telecommunication antennas, as permitted under section 25-4-12. 4-
7)] 061 Temporary real estate offices, as permitted under section 25-4-8. 48)]
07 Theaters. 48)
Transient accommodation rentals, Operator -hosted. 49)
Transient accommodation rentals, Owner -hosted. 50)
Transient accommodation rentals, Un-hosted. 49)]
51 Utility substations, as permitted under section 25-4-11." SECTION
19. Material to be repealed is bracketed and stricken. New material is underscored.
In printing this ordinance, the brackets, bracketed and stricken material, and underscoring
need not be included. SECTION
20. Severability. If any provision of this ordinance, or the application thereof to
any taxpayer or circumstance, is held invalid, the invalidity does not affect other provisions or applications
of the ordinance which can be given effect without the invalid provision or application,
and to this end the provisions of this ordinance are severable. SECTION
21. This ordinance shall take effect on September 30, 2024. Hawai`
i Date
of Introduction: Date
of 1 st Reading: Date
of 2nd Reading: Effective
Date: Reference
Comm. 675.471 INTRODUCED
BY: COUNCI
MEMBER, OUNTY OF HAWAPI OUNCIL
MEMBER, COUNTY OF HAWAI`I 30
COUNTY OF HAWAI`I
TY OF
STATE OF HAWAI`I
BILL NO. 122
DRAFT 2)
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 25 AND CHAPTER 14, ARTICLE 4,
SECTION 14-20, OF THE HAWAVI COUNTY CODE 1983 (2016 EDITION, AS
AMENDED), RELATING TO THE REPEAL OF BED AND BREAKFAST AS A
PERMITTED USE.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAFI:
SECTION 1. Chapter 25, article 1, section 25-1-5, of the Hawaii County Code 1993
2016 Edition, as amended), is amended by repealing the definition of "Bed and breakfast
establisluncnt":
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SECTION 2. Chapter 25, article 2, division 6, section 25-2-61, of the Hawaii County
Code 1983 (2016 Edition, as amended), is amended by amending subsection (a) to read as
follows:
a) The following uses shall be permitted within designated County zoning districts only if a
use permit is obtained for the use from the commission:
2)] (D Crematoriums, funeral homes, funeral services and mortuaries in RS, RD,
RM, RCX, RA, FA, A and V districts.
3)] Q Churches, temples and synagogues, including meeting facilities for churches,
temples, synagogues and other such institutions, in RS, RD, RM, RA, FA and A
districts; provided that a minimum building site area often thousand square feet is
required within the RS, RD, RM, and RA districts.
4)] M Day care centers in RS, RD, RM, RA, FA and A districts, provided that a
minimum building site area of ten thousand square feet shall be required within the
RS, RD, RM, and RA districts.
5)] f4j Golf courses and related golf course uses including golf driving ranges, golf
maintenance buildings, and golf club houses in the RS, RD, RM, RCX, RA, FA, A,
V, CG, CV, and O districts, provided that the property is within the state land use
urban or rural district. Golf courses and golf driving ranges shall not be permitted
Communication No. 2024-25
within the state land use agricultural district unless approved by the County before
July 1, 2005.
6)] (5 Group living facilities that exceed the criteria in subsection 25-1-5(b),
paragraph (b) of the definition of "group living facility" in the RS, RD, RM, RCX,
RA, FA, A, CN, CG, CV, and V districts.
7)] ,(0 Hospitals, sanitariums, old age, convalescent, nursing and rest homes in the
RS, RD, RM, RCX, RA, FA, A, and V districts, provided that a minimum building
site area of ten thousand square feet shall be required within the RS, RD, RM, RCX
and RA districts.
D Major outdoor amusement and recreation facilities in RCX, RA, A, CN, CG,
CV, MCX, ML, MG and O districts.
9)] M Medical clinics in RS, RD, RM, RA, FA, and A districts.
LD Schools in RS, RD, RM, RA, FA, A, V, MCX, ML, and MG districts,
provided that a minimum building site area of ten thousand square feet shall be
required within the RS, RD, RM, and RA districts.
M] L10 Telecommunication antennas and towers in RS, RD, RM, RCX, RA, FA, A,
IA and O districts.
1-2)] LU1 Yacht harbors and boating facilities in the RS, RD, RM, RCX, RA, V, CG,
CV, MCX, ML, MG and O districts.
12 Wind energy facilities in the O district; provided that the property is within
the state land use agricultural district.
44)] 13 Other unusual and reasonable uses which are not specifically permitted in
any zoning district with the approval of the director and the concurrence of the
council by resolution."
SECTION 3. Chapter 25, article 4, division 1, section 25-4- 7, of the Hawaii County Code
1983 (2016 Edition, as amended), is repealed.
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SECTION 4. Chapter 25, article 4, division 5, section 25-4-51, of the Hawaii 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 fef eaeh guest em, in addifieii te one for
the dwelling -unit-.
3)] Bowling alleys: four for each alley.
4)] Q Commercial uses, including retail and office uses in RS, RD, RM, RCX, CN,
CG, CV, MCX, V, RA, FA, A and 1A districts: one for each three hundred square feet
of gross floor area.
S)] (4) 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.
3
6)] Q Dwellings, multiple -fancily: 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.
0 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.
g)] 0 Dwellings, single-family and double -family or duplex that are occupied for any
period of 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.
9)] M Funeral homes, funeral services, mortuaries, and crematoriums: one for each
seventy-five square feet of gross floor area.
@-93] U9 Golf courses: four for every hole.
l-I-)] LUO Hospitals: one for each bed.
11) 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.
I (12} Industrial uses in ML, MG, MCX, RA, FA, A and IA districts: one for each
four hundred square feet of gross floor area.
LU3 Laundromats, cleaners (coin operated): one for every four machines.
1-5)] U4 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.
1-6)] LU5 Meeting facilities, including churches: one for each seventy-five square feet of
gross floor area.
47)] LL6 Nursing homes, convalescent homes, rest homes and domes for the elderly: one
for every two beds.
4-8)] L17 Parks: as determined by the director.
18 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).
20)] C19) Rooming and lodging houses, religious, fraternal or social orders having
sleeping accommodations: one for each two beds.
24)] LO) Schools (elementary and intermediate): one for each twenty students of design
capacity, plus one for each four hundred square feet of office floor space.
22)] Ll) 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.
23)] (221 Sports arenas, auditoriums, theaters, assembly halls: one for every four seats.
24)] j23 Swimming pools (community): one for each forty square feet of pool area.
2-5)] a4J Warehouse and bulk storage establishments where there is no trade or retail
traffic: one for each one thousand square feet of gross floor area."
4
SECTION 5. The following provisions of the Hawaii County Code 1983 (2016 Edition,
as amended):
Chapter 25, article 5, division 1, section 25-5-3, subsection (b), (relating to RS, single-
family residential districts);
Chapter 25, article 5, division 2, section 25-5-22, subsection (a), (relating to RD, double -
family residential districts);
Chapter 25, article 5, division 3, section 25-5-32, subsection (a), (relating to RM, multiple -
family residential districts);
Chapter 25, article 5, division 4, section 25-5-42, subsection (a), (relating to RCX,
residential -commercial mixed use districts);
Chapter 25, article 5, division 5, section 25-5-52, subsection (c) and subsection (d),
relating to RA, residential and agricultural districts);
Chapter 25, article 5, division 6, section 25-5-62, subsection (c) and subsection (d),
relating to FA, family agricultural districts);
Chapter 25, article 5, division 7, section 25-5-72, subsection (c) and subsection (d),
relating to A, agricultural districts);
Chapter 25, article 5, division 9, section 25-5-92 subsection (a), (relating to V, resort -motel
districts);
Chapter 25, article 5, division 10, section 25-5-102, subsection (a), (relating to CN,
neighborhood commercial districts);
Chapter 25, article 5, division 11, section 25-5-112, subsection (a), (relating to CG, general
commercial districts);
Chapter 25, article 5, division 12, section 25-5-122, subsection (a), (relating to CV, village
commercial districts); and
Chapter 25, article 7, division 2, section 25-7-22, subsection (a), (relating to CDH,
downtown Hilo commercial district),
are amended by repealing the paragraphs containing the use "Bed and breakfast establishments
as permitted under section 25-4-7" or "Bed and breakfast establisltillents, as permitted under
section 25-4-7,"
SECTION 6.1n printing this ordinance, the list of permitted uses contained in subsections
25-5-3(b), 25-5-22(a), 25-5-32(a), 25-5-42(a), 25-5-52(c) and (d), 25-5-62(c) and (d), 25-5-72(c)
and (d), 25-5-92(a), 25-5-102(a), 25-5-112(a), 25-5-122(a), 25-5-162(a), and 25-7-22(a) may be
reordered and renumbered as appropriate.
SECTION 7. Chapter 14, article 4, section 14-20, of the Hawaii County Code 1983 (2016
Edition, as amended), is amended by amending the definition of "Hotel" to read as follows:
subsection (a) to read as follows;
Hotel" means " transiet t , .,tio rental, other th,,,, I.
lodging or dwelling units.] the same as defined in chapter 25 section 25-1-5."
5
SECTION 8. This ordinance shall not affect or impair any use permit or special permit
duly issued prior to the effective date of this ordinance, which uses permitted thereby shall be
considered a legal use of the affected parcel and may continue to operate for so long as the
conditions of the use permit or special permit and other requirements as may be provided by
general law are met.
SECTION 9. Material to be repealed is bracketed and stricken. New material is
underscored. In printing this ordinance, the brackets, bracketed and stricken material, and
underscoring need not be included.
SECTION 10. Severability. If any provision of this ordinance or the application thereof to
any person or circumstance, is held invalid, the invalidity does not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are severable.
SECTION 11. This ordinance shall take effect upon its approval.
Hawaii
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm. 676.13
INTRODUCED BY:
COUNCIL MEMB R, COUNTY OF HAWAI`I
COUNCIL MEMBER, COUNTY OF HAWAPI
6
Memo to Ka’ū CDP Action Committee
Regarding Black Sand Beach SMA application PL-SMA-2023-000046
October 6, 2024
Babette Morrow
Aloha kākou,
As we go into our sixth month of meetings and discussions about the Black Sand Beach SMA
application, I’m hoping that we can agree to a recommendation to send to the Planning
Commission. We have listened to a lot of testimony from the community, in addition to the
testimony given to the Planning Commission earlier this year. Our responsibility is to review
applications for compliance with the CDP goals and policies; we are not supporting or opposing
the SMA application. Our recommendations to the Planning Commission are merely advisory,
and community members and the applicant are free to give their further testimony to the
Planning Commission at their next scheduled meeting.
This is my suggestion for a memo to consider at the October 16 Action Committee meeting:
It is the role of the Action Committee to study the Ka’ū CDP and help guide compliance. The CDP
was adopted after many years of work by the Ka’ū CDP Steering Committee and the County of
Hawai’i, with extensive community involvement. The Action Committee has listened to the
abundance of testimony given about this application at recent public hearings and at our own
meetings held in May, July, August, September, and October 2024.
Our committee has looked at the policies and actions enumerated in the CDP regarding
Punalu’u and found that the SMA application meets the intent of many of these policies.
However, there are three policies that we feel have not been adequately addressed in the
application; these three policies of concern are Policy 6, Policy 28, and Policy 29.
Policy 6 states “The development of visitor accommodations and any resort development
should complement the character of the area; protect the environment and natural beauty;
respect existing lifestyles, cultural practices, and cultural resources; provide shoreline public
access; and provide affordable housing to meet demand created by the development.” The SMA
does not include any affordable housing. The subject SMA application is proposing new
development of 225 residential and short stay dwelling units and assorted retail space. We
believe that the intent of Policy 6 applies to all application types, not just SMAs, and by
developing more visitor accommodations and resort amenities, affordable housing for local
residents and workers becomes more necessary. We recommend that, if the Planning
Commission approves this application, they require the applicant to pursue ways to provide
units for attainable or affordable housing through some sort of deed restrictions or low-income
housing assistance.
Policy 28 states: “On lots that are at least partially within the SMA in the Ka’ū CDP Planning
Area, establish shoreline setbacks at the earliest stages of the land use planning and
Communication No. 2024-26
development process at a minimum of 1,320 feet (1/4 mile); however the applicant may
request that the setback be reduced by providing information to the Department, including
information required for SMA review, which would allow for an assessment of the proposed
activity’s impacts and in consideration of the physical limitations of the property.”
(1) Hawaii County SMA Assessment Application requires the following:
A shoreline survey of the subject property, as certified by the Chairman of the Board of Land
and Natural Resources, when the subject property abuts the shoreline. A request to waive the
need to prepare a certified survey may be submitted in writing to the Planning Director.
Circumstances that may warrant the issuance of a waiver include cases where the entire
shoreline fronting the subject property is “fixed” by a man-made structure such as a seawall or
revetment or when the proposed development will be situated at a considerable distance from
the shoreline. Note that the Planning Department Rule 11-4 states that no determination of a
shoreline shall be valid for a period longer than 12 months. The current shoreline survey is
over fifty years old.
It appears from looking at Figure 4 in the application that new facilities and development are
being proposed on parcels that abut the shore. Additionally, the application states that they are
proposing restoration of the former restaurant site despite issues related to the shoreline
setback requirements, proximity to anchialine ponds, and coastal flood requirements. It is not
clear if the applicant has submitted a request to waive the required shoreline survey.
Over the last 50 years there have been changes to the shoreline due to tsunamis, king tides,
erosion, and storm surges. At a minimum, the applicant should be required to do an updated
shoreline survey given the age of the current survey.
(2) Public comment during review of the Draft CDP called for much deeper setbacks from the
shoreline – a mile or more. The 2006 South Kona-Ka’ū Coastal Conservation Task Force
recommended establishing a 1.5 “no development” shoreline setback. The SMA application
includes facilities on parcels that abut the shore, so a new shoreline setback should have been
established early in the process. The SMA application does not clearly establish a shoreline
setback for renovated and proposed new buildings. We recommend that a new shoreline
setback be established.
Policy 29 states: “No development, including subdivision, shall be approved in the SMA unless
the development will not have any substantial adverse environmental or ecological effect. In
order for the Planning Director to accurately evaluate whether the proposed action will have a
substantial adverse effect, the Director shall require that SMA Use Permit Assessment and Use
Permit applications include all of the information necessary to assess the proposed activity’s
impacts on the Special Management Area, including but not limited to: a) An assessment of
impacts on rare, threatened, or endangered species (such as the local green sea and hawksbill
turtles and the Hawaiian hoary bat) or their habitat and on fresh and coastal water quality; b) A
description of valued cultural resources or historical sites in the area; c) An assessment of
impacts on coastal scenic and open space resources and view planes; d) Identification and
detailed information of existing public access to and along the shoreline to the specifications
required by Na Ala Hele and the Ala Kahakai National Historic Trails; e) Assessment of impacts
on hazard risk, including flooding, tsunami, and coastal erosion and/or sea level rise; and f) A
description of the relationship of the proposed action to land use plans, policies, and control of
the affected area, including potential impacts on traffic and circulation and required highway
improvements.”
Discussion of Policy 29:
a). An assessment of impacts on rare, threatened, or endangered species. The current flora and
fauna assessment in the SMA application did not include coastal surveys. The Planning
Department’s report to the Planning Commission makes no mention of requiring protections for
green sea or hawksbill turtles or hoary bats. The applicant submitted a Biological Survey of 2022
which did not include marine biota. The applicant’s response is that they propose to set aside
29.52 acres for conservation and coastal management activities on lands situated to the west of
County-operated Black Sand Beach park complex and they have not yet determined the best
methods towards committing these lands towards preservation. However, this coastal
management area ignores the fact that the Hawksbilll nesting areas in 2018 and 2023 were
located within 50’ of the lifeguard station, not within the proposed coastal management area.
How will these historic nesting sites be protected? Also note that Hawksbill turtles are drawn to
bright lights, and the proposed reuse of the existing abandoned restaurant is very close to these
nesting areas thus disturbing the turtles. It’s clear that the turtles who call this area home will
be negatively impacted by the proposed development and activities. Neither the Planning
Department’s report nor the applicant’s response provide any details as to how the endangered
species or their habitat will be protected from impacts of this project.
b). Assessment of cultural resources or historical sites. We urge the applicant to work closely
with kupuna in the area to determine the best course to protect the cultural and historic sites. A
report should be presented to the Planning Commission at their next meeting on this
application.
c) An assessment of impacts on coastal scenic and open space resources and view planes. Has
the Planning Director evaluated the impacts of this application and presented a report to the
Planning Commission?
d) Identification and detailed information of existing public access to and along the shoreline to
the specifications required by Na Ala Hele and the Ala Kahakai National Historic Trails. The
application makes no mention of either the Na Ala Hele nor the Ala Kahakai trails. Will their
locations be properly identified?
e) Assessment of impacts on hazard risk, including flooding, tsunami, and coastal erosion and/or
sea level rise. The Hawaii County SMA Assessment Application also states that a Final
Environmental Assessment or Final Environmental Impact Statement Study be required. Due to
the impacts of work being done with this application, and the number of people in the
community who have raised concerns about this, we are recommending that an EIS be
submitted in support of this application.
f) A description of the relationship of the proposed action to land use plans, policies, and
control of the affected area, including potential impacts on traffic and circulation and required
highway improvements. Has there been a traffic study to determine any required highway
improvements. If not, we recommend that one be required during the application process.
Other: The Planning Department conditions of approval for the submittal to the Planning
Commission at their March 2024 meeting include: “8. The applicant will submit to the Planning
Department for review and approval the following plans: 1) Water Quality and Marine Life
Monitoring Plan, 2) Pond Management Plan, 3) Cultural Resources Management Plan, and 4)
Shoreline and Preservation Area Management Plan. These plans shall be submitted prior to any
development activities in this permit.” We urge the Planning Commission to add these
conditions should they approve the application.