Wednesday, February 25, 2015

Musings: Homies

As the Kauai County Planning Commission prepares to consider a law regulating homestays, a number of red flags are being raised.

First, how can we confidently believe the planning department will properly issue and enforce homestay permits when it absolutely botched implementation of the vacation rental (TVR) law? Yeah, there's a different director, and hopefully the filing system is improved, but they've still got the same inspectors and other staff who screwed up.

And it's still the Carvalho Administration, which let the TVR shit slide until their noses were rubbed in it via the Abuse Chronicles and they couldn't ignore it any more. (Btw, I'm just using that as a figure of speech. Rubbing a dog's nose in its mess is not an effective or recommended method of house-training.)

Given the way illegal TVRs flourished in the wake of the TVR law, will a homestay ordinance similarly open the flood gates for yet another wave of largely unregulated visitor housing?

Second, shouldn't people who have been cited and/or fined for operating illegal TVRs be prohibited from applying for a homestay permit? This is crucial, because they're the first ones coming in, trying to beat the ordinance and pass off their illegal TVRs as homestays, B&Bs or whatever. Two of these after-the-fact permits are now being challenged in contested case proceedings. One involves Eddie Ben Dor, who was ordered to pay civil and criminal fines for running an unpermitted TVR in Hanalei. The other is a Wainiha property, Hale Hoomaha, that has been operating as an illegal multifamily TVR since 2004.

It really grates at my sense of justice to think that scofflaws will once again be rewarded — just like they were when the Council passed the TVR law, which made it possible only for those who had been operating illegally to apply for a permit. At the minimum, these post-citation permit applications should be on hold until the ordinance is approved.

Third, the proposed ordinance prohibits homestays in the agricultural district and requires them to be on an approved septic system. These are both good things. But why aren't TVRs subject to similar requirements? How can you allow a sleeps-14 TVR on the ocean to operate on a cesspool, but not a one-bedroom homestay? It's time to amend the TVR law to require permit holders to convert to a septic system prior to renewal, and get them out of the ag district. A homestay on a working farm, which could help a real farmer pay the mortgage, is far less objectionable than the mansions approved as TVRs on ag land.

On a positive note, the homestay ordinance proposes to use a quota system, based on census data, which seems to reflect concerns about the proliferation of TVRs in rural areas. It would allow one homestay per every 300 residences in districts that have a population of at least 1,000 residents. But you could drive a truck through the loophole: homestays approved with a use permit, rather than a zoning permit, are not counted toward the quota. And if the quota is already met, you can simply apply for a use permit.

The proposed ordinance also allows homestays only when the house is the owner's primary residence. The owner must be on-site, and no one else can act as their designee or representative. This is a good thing, though it could prove very difficult to enforce.

The ordinance separates homestays into two categories: minor — no more than two bedrooms — and major — no more than five bedrooms. Five bedrooms seem like a lot in the residential district, especially when separate parking spaces are required for each unit. All of a sudden you could have something very much like a boarding house or mini-resort among single-family homes.

And like the TVR law, the homestay ordinance requires no inspection to ensure the house is properly permitted or safe. It's also mute on whether such uses are allowed in the flood zone.

The draft homestay ordinance, which was slated for a public hearing at yesterday's planning commission, was deferred until April, which is another good thing, since it was flying in well under the radar.

And that leads to another question: why aren't planning staff reports and proposed ordinances posted on line, with the commission agenda, so that people can access them prior to meetings, and without having to drive into town or make a public records request? We know the county's computer system is capable of providing such a service, because it's doing it for the County Council.

The planning commission is the place where robust discussions are supposed to occur, before proposed ordinances are sent to the Council. But this can only happen if people are properly informed and given access to key county documents. It's time for the planning department and commission to improve transparency and accessibility by making more documents available on-line.

29 comments:

Anonymous said...

Septics should be required for any commercial use.
On he other hand, let the people do with their properties as they want.
Keep the government out of our affairs.
If a TVR has noise problems, call the cops.
Just think for a second....almost half of the adults on Kauai are visitors. These are the people who stay in TVRS and Hotels.
They do NOT cause the crime. They add jobs and create economic vitality.
I'd rather have a TVR next to me than a house full of barking dogs, screaming brats and skateboard monsters skittering down the street.
But their ain't no justice, anyway.

Anonymous said...

@anon 10:34. What is a "screaming brat"? Or a "skateboard monster"? Do you mean children? Who do you think you are? I think your a grumpy, old, entitled Ha'ole. Now I know that sounds judgmental and predudice but no local person would write what you just did. Probably right wing extreme "keep government out of our affairs" and only out for yourself which is why you don't care to see why tvrs are damaging to our local community and environment. But you probably moved here for peace and quiet and paid a lot of money to do so and think you are somehow owed something. How about go back where you came from. This isn't paradise. This is Kauai and it's getting more nuts and crazier so contribute in a positive way, love the noisy children who will one day be wiping your ass, or go home! Keep on moving...

Anonymous said...

standing ovation for anon 1:43.

10:34 You are an ignorant buffoon. Your kind was the reason the anon status was invented.

To protect you from yourself.

Seriously what a dipshit!!
The only monster, brat, and barking idiot is you.

get a grip!

Anonymous said...

10:34

as another commenter said on another post dealing with TVRs. if you love TVRs and tourists next door to you instead of families; move your ass to a VDA zone. guys like you are whats screwing up our neighorhoods.

Anonymous said...

What a great example of what happens to someone on this blog when they voice an unpopular opinion. I didn't say an incorrect opinion - just an unpopular one. It's so ironic -So many comments on this blog criticize the pro-GMO crowd for it's supposed intolerance of anyone who disagrees with them. And here comes 10:34 to state what is a very defensible viewpoint. Anyone care to comment on the hypocrisy here? Or better yet, attack me - I'm clearly an intolerant, rich haole for daring to defend someone who holds the outrageous viewpoint that tvr guests are often much quieter than some of the locals. Yes, let's see how much difference there is between the "intolerant" pro-gmo crowd and those who's comments include name calling and character assasination for voicing an unpopular opinion. Someone - anyone - please tell me the difference.

Anonymous said...

Im hopping Beth will chime in regarding the big boss? She sure has led your fan club lately. Love what you do Joan.

Anonymous said...

Rest in peace June Ikemoto. Defender of the oppressed. Protector of justice. Arch critic of prosecutor Justin Kollar. Caring, kind human being. You will be missed.

Anonymous said...

Here's a solution. Increase the annual TVR renewal fees substantially for areas outside of the VDA. Currently they are $750, increase them to $5000. If the county really wants to discourage TVR's in certain neighborhoods they need to take away the economic incentive to operate them. Naturally for a $5000 a week rental this cost will be nominal. However for a $100 a night place this fee may make the owners think of renting the unit long term.

Anonymous said...

There are ways to handle things here other than give big government more and more and more and more and some more power.

Anonymous said...

Expand the VDA zone. It has not been increased in decades.

Anonymous said...

Really you want to raise the fees for a TVR renewal to an amount that only the ultra wealthy can afford in hopes to get rid of the little guys. Do you really know the market, there are many vacation rentals that are owned by local famlies just trying to save their property for future generations, why is it their job to provide you with affordable housing????
We are always shooting ourselves in our own foot. Your basically saying lets set up the system for the ones who really don't need the rental income. Think about it.
And to limit homestays to only a owner occupant could also be looked at the same way. Living on someone elses property for years caretaking for their bed and breakfast was the way I adventually was able to save enough to purchase a home, it created housing and a job for someone born and raised here and later led to homeownership. Think about it, years from now the complaint would be, wouldnt it be great to own a vacation rental, but oops we can't that is only for the wealthy, because that is what we begged for.

Anonymous said...

The problem is for a few Ben-Dors and other Hanalei and Haena heavy abusers and scofflaws there are many Tutu Kanes and Tutu Wahine's thtdo Band B or TVR.
The first active BandB, I remember was Ma Barker's BandB Wailua Homesteads. She took the old Buster Crabb house from where the Waipouli Resort sits now and set it up with 4 units.....No problems. The neighbors I knew thought it was cool.
Of course, Ma Barker was a dear lady.
Theis TVR law is rife with pukas. Joan has (along with Ms Diamond and Ms Robson) been the force. It mat be too late.

Anonymous said...

6:22! You are so right! We limit or stop locals from using their property to earn money, within reason, then Kauai becomes another Lanai where only the wealthy have their vacation homes.

Anonymous said...

Aloha 6:56;
I like your idea, but do you really think the county wants to discourage TVRs in certain neighborhoods? Which neighborhoods?
Let me guess.... The ones with the screaming kids and barking dogs? But those neighborhoods aren't immune to TVRs either.
The county will eventually enable TVRs to take over there too, one by one, because we are one rich, haole lovin' county. The commission and the council love 'em, which is why the rest of us don't.

Anonymous said...

Would you prefer that more poor people move to Kauai ?

Anonymous said...

@ 2/26 8:57 a.m. I don't think it matters if a person is poor and moves here. My family moved here several generations ago "poor" but hard working. They made a good live for themselves here on Kauai and have contributed to this community without exploiting it. I would hope others who move here can do the same.

Anonymous said...

The job-less antis. So busy protesting they can't afford a house. So now they want to control who sleeps in your house, so they can afford a spot in your extra bedroom.
Looking more like Putin's Russia every day.

Anonymous said...

to So now they want to control who sleeps in your house-um zoning has always been there, and the VDA zone is available for all the homeowners who want to run commercial business for visitors, but the residential area has always been for people living in their homes. A use permit has always been required for a B&B.

Anonymous said...

To Anonymous 6:22
Maybe you disagree with my opinion. I live in a small residential part of Kauai with about 400 residents and there are TVRs with non conforming use certificates and others that do it illegally. The reason I brought up the idea of higher taxes is it takes away the marginal incentive to operate them. The county shouldn't be allowing TVR/commercial use outside of the VDA period. However they've allowed it to happen and I'm proposing an idea where they can possibly tone it down a little. Beach front homes in Hanalei will probably never be lived in again by island residents. But I personally don't want to see Hanalei in the VDA, it's already a mess come Christmas/Spring Break/Summer. If families have owned residential land for generations and they want to continue owning it then they should keep it in residential use. However if they now use it commercially it should be taxed that way. There's no easy answers, this is just an idea.

Anonymous said...

@ 1:04 actually I am in Hanalei, I am born and raised here, and bought my house the old fashion way with lots of hard work, and even with the hard work Hanalei price point was ridiculous. Having a vacation rental offsets the price point for someone like me, who needs to the rental income just to be here. If you tax me out of here, I am gone and the next owner will be someone who vacations here and leaves the house empty while not here, still a vacation use (VDA!!!), just not one that is keeping a local inplace while employing other locals. Your again pushing Hanalei and Heana to the next level of wealth.

The goal should be keeping full-time residences in place and your not going to achieve it by "taking away the marginal incentive to rent" because for some this is the only way they can marginally stay. If there were more situations in Hanalei where you could be a full time resident and rent out a portions of your house to offset the higher price point, maybe you would actually see Hanalei returning to more a local neighborhood. Think about it.

Anonymous said...

Why are TVRs singled out ??? Many houses are used for commercial uses in residential areas. We all have neighbors who have violated the law for years without being called out. If you are going to demand that residential codes are to be enforced then enforce them all.

Anonymous said...

@ 3:13 you are right TVR's are being singled out. To have a TVR outside of the VDA with a non-conforming use permit is a legal activity and it took years of the community and county working together to make a process legal. The county is targeting a select type of operation and is bordering on discrimination when annual fees have been raised over 500% in just the last three years. There are no other permit fees in the county that have that type of increases, and dont forget to mention almost a 100% increase in one year for property tax. Seems like targeting to me.

And then you could get into the legal definition of residential use. If you stay at a house 7 days, 30 days, or 180 days, it is still a residential use. It is the same activity, people sleeping, eating, bathing and calling something home for a period of time. To call something commercial based on the length of stay might be a push.

Anonymous said...

amen 3:13

If your neighbors are not legal close em down. No exceptions; this is what the law requires. Just follow the law then fairness is not a question. The county has gotta stop looking for excuses to NOT enforce the zoning code (like proposing to allow home stays to protect illegal rentals by calling them another name). Its an insult to law abiding citizens.

To the poor guy in Hanalei. You are on the verge of being run out because of what your greedy neighbors were allowed to get away with: driving prices through the roof with their commercial rentals. Joining them is not the answer. Its just going to make it worse for the families who only want to live in their homes. This is their right not a privilege.

Anonymous said...

To the guy from Hanalei;

I work two and a half jobs to afford to live in my house in the midst of vacation rentals that never shoulda been allowed in the first place. But you know what ? It's worth it.

Anonymous said...

4:09

If you you play in the neighborhood, you SHOULD pay.

Anonymous said...

to 4:09, the taxpayers have been subsidizing the TVR industry too long and the county finally raised its registration and taxes in line with the costs to regulate.

Anonymous said...

Can't believe all the racism in this thread. I moved here, still haven't found a place to live permanently. Is that because of vacation rentals? I don't know. I think it's because of the same "Haole go home" mentality seen above and discrimination against us by landlords (which is a federal crime!). Now I'm researching home stays to see if I can afford to buy a house by renting out some of the rooms, but the answer to the question of whether or not I would get approved a use permit is still very muddy. I'm not rich, just came here after two years of unemployment because I was offered a job. If I can't rent a house out to someone I may make the racists happy and go home. (If that happens, so much for my efforts to contribute to the local economy and to provide expertise that seems to be lacking here.)

Anonymous said...

Hey 7:08 - poor cry baby.

Here's the perfect solution for you. Buy a house in the VDA and you can rent to your hearts content. I am a haole living in my house and I don't want you as my neighbor doing home stays and screwing things up. If that doesn't work for you, pick up your toys, take your own advice and move. Don't think we'll miss you much.

Aloha means goodbye, too.

Anonymous said...

Hey 7:08 - poor cry baby.

Here's the perfect solution for you. Buy a house in the VDA and you can rent to your hearts content. I am a haole living in my house and I don't want you as my neighbor doing home stays and screwing things up. If that doesn't work for you, pick up your toys, take your own advice and move. Don't think we'll miss you much.

Aloha means goodbye, too.