According to the American Planning Association, there is a new pattern of migration in America that is affecting resort destination communities like Kaua‘i. Some 700,000 to 1.6 million people per year are now buying second homes as investments and/or family
According to the American Planning Association, there is a new pattern of migration in America that is affecting resort destination communities like Kaua‘i. Some 700,000 to 1.6 million people per year are now buying second homes as investments and/or family retreats in places that they used to just visit. Seeking natural beauty, fresh air and recreation, many of these new land owners are renting their second homes out as vacation rentals. Some of the more entrepreneurial local people are doing the same. The result is increasing land use conflicts in these neighborhoods.
As early as 1999, Kaua‘i residents impacted by single- family vacation rentals asked the county for relief from this newly growing tourism form that was invading the traditional neighborhoods of Ha‘ena, Hanalei and ‘Anini. They cited noise, parties, weddings, lack of accountability and lack of sensitivity to neighbors by vacationers whose hosts were absentee owners.
These North Shore citizens also complained that vacation rentals constituted commercial/resort use wrongfully conducted in residential neighborhoods. They also cited rising land and housing prices due, in part, to the additional income made possible by vacation renting. Most distressing of all, the neighborhoods were disappearing. With so many transients in the area, and only a few local people left behind, neighbors didn’t know each other anymore, children weren’t playing in the streets, and the sense of community was greatly diminished.
Some will say that there is another part to this picture. Many vacation rentals in residential areas are competently and responsibly managed by respected management companies. Visitors these days are looking for alternatives to hotels and large resorts, and Kaua‘i’s character seems perfect for this kind of tourism if you can control it. They also say many vacation rental guests are repeat visitors who get to know and feel a part of the community. Vacation rentals contribute significantly to the economy and support many small businesses such as landscapers, cleaners, caterers, restaurants, and grocery stores. This keeps money in the local economy and provides livelihoods for local families.
So how should we, as a community, address this issue of vacation rentals? Is there a way to reap the positive aspects of vacation rentals without having them negatively affect residents or destroy the very wonderful things that attract such visitors to Kaua‘i in the first place?
Most people agree that we must have some controls and regulation. At a recent council meeting, Council Chair Kaipo Asing provided maps of the North Shore communities, color-coded to show lots with vacation rentals in pink and non-vacation rental lots in blue. It was easy to see the trend and imagine the pink color spreading and becoming the main color on the maps over time. Vacation rentals are not only occurring on the North Shore. Vacation rentals are showing up in Kekaha, Waimea Valley, Kalaheo-‘Oma‘o, the makai side of Kapa’a town, on agricultural lands and in many other places. When the numbers get too big, the picture is frightening.
It is my feeling that the majority of residents do not want our coastal neighborhoods to become horizontal hotels. It is doubtful that even visitors would like that. Nor do we want to allow uncontrolled vacation rentals in the non-coastal areas of our island.
Bill 2204 and the currently proposed amendments would prohibit any new single family vacation rentals outside of designated Visitor Destination Areas. Single-family vacation rentals are defined as “stand-alone,” single-family dwelling units offered to transients for less than 180 days for compensation. All single-family vacation rentals in or out of the VDA are required to register so that we know how many such vacation rentals there are and where they are located.
Under currently proposed amendments, existing vacation rentals legally operating for at least two months before the effective date of the law would be grandfathered in and allowed to continue as long as they can prove prior existence. By state law, vacation rentals are not generally permitted uses on agricultural lands and therefore would not be eligible for grandfathering. Let’s be clear about this: Bill 2204 is NOT making existing vacation rentals on agricultural lands illegal. It is state law that has created that status (with the legitimate reason of preserving agricultural lands for farming).
Bill 2204 also requires owners of single-family vacation rentals to post their registration or nonconforming use numbers on the vacation rentals and to provide a 24-hour, 7-days-a-week contact number for the public.
If Bill 2204 is passed and enforced, it will halt the uncontrolled spread of single-family vacation rentals in non-VDAs, provide a method of registration for all vacation rentals, and allow us to determine how many non-conforming uses exist outside the VDAs. Once Bill 2204 is passed, if the Council’s intention to address the issues regarding bed and breakfast operations, another form of neighborhood visitor accommodations. After all of that is settled, our community may wish to come back to the question of whether and how to allow new single-family vacation rentals outside the VDAs.
In 2005, a five-month stakeholder process brought together representatives of the various interests respecting vacation rentals (e.g. vacation rental owners, managers, community activists, small businesses serving vacation rentals, young people, government representatives). We looked at scenarios where only a small percentage of a neighborhood (10 to 15 percent was most popular) would be allowed to be vacation rentals. We also looked at ways to allocate that privilege, including lottery and a first-come, first-served permit application process. We also considered allowing that privilege to sunset after a term, say five to 10 years, so that others could have a chance.
Before a new bill is drafted allowing new single-family vacation rentals, however, good planning principles would dictate that the County Council should adopt a strategic tourism plan that sets the overall limits on the number of visitors on Kaua‘i on a daily basis (determined by total visitor units on Kaua‘i and the number of cruise ship traffic). Before we consider allowing new vacation rentals on agricultural lands, we also need an agricultural-rural lands plan for the preservation and protection of important agricultural lands to ensure food and fuel sustainability for our community. Such a plan will also enable us, as a community, to identify lands presently designated “Agriculture” that should be placed in another category (maybe “County” or “Rural”) that would be less restrictive and may allow vacation rentals on a controlled basis. This is best done through an agricultural-rural planning process, rather than a vacation rental bill.
Does this sound challenging? You bet it is! Is it impossible? No. It just requires good planning and a lot of citizen participation. Finally, is it important? Yes, if we want a good future for our island.
• JoAnn A. Yukimura is a member of the Kaua‘i County Council.
