2024-03-29 PL-CCI-2024-000004 Bill 122 Claudia Rohr Testimony

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From: Claudia Rohr To: WPCtestimonv Subject: Testimony in Opposition to Bill 122 for an Ordinance amending the Zoning Code Date: Tuesday,April 2,2024 10:09:03 AM Aloha Chair and Planning Commissioners- I oppose Bill 122, for an ordinance repealing Bed and Breakfasts as a permitted use in the Zoning Code. The purpose of Bill 122 is to eliminate an existing, effective regulatory framework for hosted transient accommodations rentals which includes a public hearing and is substantially more comprehensive than the regulatory framework proposed by Bill 121. Bill 122 is an arbitrary government zoning action which has no substantial relation to the public health, safety, morals or general welfare required by HRS §46-4 County zoning. It cannot be said it is even an effective work reduction action ("a way to help sort of alleviate the demand for additional work by the Planning Department") See transcript of January 23, 2023 meeting of Policy Committee on Planning, Land Use, and Development, Page 33: hApS7Hrecords.hawaii county,gov/weblink/DocView.as dbid=0&id=1073059&page=1&cr=1 Section 25-4-7. Bed and breakfast establishments, and related sections should stand in place because they will still regulate existing permitted bed and breakfasts. The Council has made it clear that existing permitted bed and breakfasts are not subject to Bill 121 registration requirements, and the permit continues to run with the land (although there is no clear language to that effect in either Bill). My concern is that the public and the Planning Department is going to misinterpret Bills 121 and 122 otherwise. The Planning Department suggested an amendment to Bill 121 to state existing permitted bed and breakfasts are legal (not exempt). The regulations regulating existing permitted bed and breakfasts will be lost. Please consider what the County Council members stated about Bill 122: MS. KIMBALL: Thank you. This is part of the whole conversation around TAR's. Basically, what we're looking at without this repeal is four different mechanisms by which people can register a transient accommodation. On balance, registering as a TAR, as an operator-hosted or an owner-hosted, should be simpler than the bed-and- breakfast process. And I think some of our folks out here talked about they had to get all the permits put together, they had to go through the Planning Commission. It is a one-and-done process, but it is much more complicated than what we're looking at for the TAR registration. So, since we're already doing the hosted and the operator-hosted under the TAR, like let's just get rid of bed-and- breakfast and not have four things. Just do three. With that said,I will reiterate in case people missed it. If you have an existing