Commission defers action on 30 vacation-rental requests

LIHU‘E — The county Planning Commission on Tuesday deferred action on a recommendation to approve 30 transient vacations rentals outside the visitor destination areas.

Under new county law, vacation rentals are generally not allowed outside VDAs, including Po‘ipu, Kapa‘a and Princeville, but existing vacation rentals outside VDAs are allowed if they receive non-conforming use certificates.

The recommendation to issue NCU certificates for 30 specific properties from Kekaha to Ha‘ena outside VDAs came from Ian Costa, county Planning Department director.

Barbara Robeson of Wainiha, a former planning commissioner now with the group Protect Our Neighborhood ‘Ohana, argued against “blanket approvals,” saying there are many problems with some of the parcels in question, including five where owners are receiving homeowner exemptions for property-tax purposes (where owners pledge their homes are their principal places of residence) and also submitted signed, notarized documents saying their residences are vacation rentals.

She also asked commissioners, planning staff and Deputy County Attorney Ian Jung if some of the properties in question aren’t multi-family dwellings, which are in violation of the county North Shore Development Plan.

Caren Diamond, also with the Protect Our Neighborhood ‘Ohana, passed out documentation that at least one of the vacation rentals on the list recommended by Costa to be given the NCU certificates has allegedly been the subject of substantial renovations, including an enclosed first floor with its own kitchen and bath and two kitchens on the second floor.

She argued that such improvements are likely violations.

Imai Aiu, deputy planning director, said the permitted improvements were in place when county inspectors visited the parcel, but Diamond’s information may represent a possible new violation.

“We all know people have violations. We all know people have illegal” construction or dwellings, Aiu said.

Aiu recommended pulling the subject property off the list of 30 parcels to be approved for the certificates.

Commissioner Herman Texeira asked if there are other potential violations on the list.

Jung said once NCU certificates are approved, owners have certain vested rights.

Commissioner Hartwell Blake, a former county attorney, asked if permits are supposed to be revoked if new violations occur.

Jung said that is a “gray area,” to which Blake responded, “This is a blatant poke in the eye,” adding that he is not surprised many residents are upset about how the new law is being implemented and interpreted.

Blake said he’s not anti-TVR, but argued that if a county ordinance is going to be implemented, interpreted and enforced, it should be done right.

“It’s just wrong,” Blake said.

After Jung explained that single-family TVRs were not regulated prior to the new county ordinance going into effect, and the county already facing litigation concerning the ordinance, that new conditions can’t be placed on grandfathered TVRs.

“It is an untested area of county law,” Jung said.

Texeira asked how commissioners could make decisions on TVR matters if issues are not clarified.

Commission Chair Jimmy Nishida said the commission would not act on Costa’s recommendation until more information is received.

Blake asked if the deferral means the TVRs on the list recommended for NCU certificates by Costa should not be operating.

Both Jung and Aiu said that is correct.

Robeson again asked planning officials to check on those parcels where owners are getting homeowners’ exemptions (and lower property-tax rates) and operating the dwellings as vacation rentals.

“Once you give an approval it’s harder to take it away. It affects all of us” in terms of property taxes, she said.

• Paul C. Curtis, staff writer, can be reached at 245-3681 (ext. 224) or pcurtis@kauaipubco.com