LIHUE — There’s a new suggestion for how to regulate homestays on Kauai, and the county’s planning committee decided to defer the discussion until they could hear more details and compare the two bills. “It will provide an easier way
LIHUE — There’s a new suggestion for how to regulate homestays on Kauai, and the county’s planning committee decided to defer the discussion until they could hear more details and compare the two bills.
“It will provide an easier way to manage something that’s out of control,” said Councilmember Mason Chock.
There are two choices on the table: restrict bed-and-breakfasts and transient vacation rentals (TVRs) to the visitor destination area (VDA) exclusively, or allow them to operate outside of the VDA with a permit.
At Thursday’s planning committee meeting, deputy planning director Ka’aina Hull presented an additional draft bill regarding the regulation of homestays.
“In discussions, previously, what was thrown out was some intention to restrict (visitor accommodations) solely to the VDA,” Hull said. “The department has no objections to that language.”
The intent, as Councilman Gary Hooser clarified in the meeting, is to “carve out the existing language that says home-stays be permitted in residential districts with a use permit” and instead outright ban any homestay permits outside of the VDA.
Councilmember Ross Kagawa said the county still doesn’t know how many B&Bs and TVRs are out there.
“To have a bill that says we’re going to say, black and white, that we’re going to allow more homestays outside the VDA is troubling for me,” he said. “That’s why I’m glad we have the accompanying bill.”
A public hearing was held for Bill 2609, and it’s in discussions at the committee level before it goes again before the County Council for a final decision.
The process could be delayed a few weeks while county officials discuss whether visitor accommodations should be allowed outside of the VDA.
Other questions that came up in Thursday’s meeting were aimed at whether TVRs should be allowed on agriculture land, and whether to grandfather in TVRs that were in operation outside the VDA prior to 2008.
“From my understanding, (grandfathering applies) to just a handful of people,” Hooser said. “From prior testimony, it’s clear to me that the vast majority of these people are doing this for years and they’re community members. There’s a precedent for accommodating people like this. I look forward to that discussion.”
Others believe that because most of those B&Bs or TVRs established before 2008 weren’t permitted correctly, and the allegations that the planning department didn’t issue those permits should be taken up with that department, not with the County Council.
“If you’re not legally, lawfully operating, then I’m sorry. You had your run and now it’s time to comply,” said Council Chairman Mel Rapozo.
The planning committee decided to defer the matter until the planning department can get a bill fully drafted.
