Monday, April 6, 2015

Guest Post: Drilling Down on the Homestay Ordinance

Poipu resident Sam Lee previously wrote about homestays/B&Bs in a guest post that generated considerable comment. As the Kauai County planning commission prepares to conduct a public hearing next Tuesday on a draft bill regulating homestays/B&Bs, I asked him to revisit the issue. 

The draft bill proposed by the Planning Department seeks to establish a process to permit homestays/B&Bs in the commercial, resort and residential districts around the island. The meeting is scheduled for 9 a.m., Tuesday, April 14 rooms 2A & 2B of the Moikeha building.

Which takes us now to Sam's newest guest post:

Homestays should NOT BE ALLOWED IN THE RESIDENTIAL ZONE. There is ample land in the Commercial and Resort zones for Homestay use. More short term visitor rentals should be DISCOURAGED within neighborhoods. Visitor rentals within RESIDENTIAL ZONING DISTRICTS have proven to be INCOMPATIBLE and IMPOSSIBLE TO CONTROL once they gain a foothold.

BEFORE allowing HOMESTAYS IN THE RESIDENTIAL ZONE, THE PLANNING COMMISSION MUST JUSTIFY THE NEED FOR HOMESTAYS IN THE RESIDENTIAL ZONE. IT MUST CLARIFY THAT THE NEED FOR HOMESTAYS IS DIFFERENT FROM THE DEMAND CREATED BY APPLICANTS SEEKING HOMESTAY PERMITS.

Here are some highlights of the proposed ordinance and definitions of terms used (emphasis added in CAPS), with my comments:

Census Designated Place  (CDP)
Consists of a densely settled concentration of population locally identified by name e,g. Poipu, Koloa, etc. CDPs are delineated by State, County and the census Bureau following Census Bureau Guidelines.

Homestay Quota System
Means the quota system for generally permissible homestay permits for the County of Kauai.  The quotas are established for CDPs having a (full time) resident population of at LEAST 1000 residents.   Homestay permits SHALL be limited in number for each CDP having a resident population of at LEAST 1000 residents to one Homestay Permit for every 300 residents with the CDP. The Planning Department has population data for each CDP.

Comment:
Please note, however, that the number of homestay permits issued for your area could EXCEED the number established by the quota. Read more about the loophole under “General Provisions for Homestay Quota” below. 

Homestay
Means an owner-occupied dwelling in which overnight accommodations are provided to transient  guests for compensation in the same dwelling or in a guest house.

Homestay Major
Means an owner occupied dwelling within which overnight accommodations are provided to transient guests or in a guest house , not exceeding 5 bedrooms for transient accommodations.

Homestay Minor
Means an owner occupied dwelling in which overnight accommodations are provided to transient guests within the dwelling or in a guest house, not exceeding 2 bedrooms for transient rental.   A Minor permit could TENTATIVELY be issued within 30 days from the date the Planning Department accepts an application for a Minor Permit.

Comment:
Currently on the books is language that requires any applicant who applies for a Homestay Permit to  apply through a USE PERMIT. This requirement should be maintained for Minor Permits rather than the overly simple and quick process contained in the draft.  HOMESTAY PERMITS , MINOR AND MAJOR, SHOULD BE ISSUED THROUGH A USE PERMIT.  The ordinance should include the process for a USE PERMIT

General Provisions for Homestays
A Major Homestay operation  SHALL not exceed 5 bedrooms.  A Minor operation SHALL not exceed 2 bedrooms.

Any room advertised as a transient rental for sleeping purposes within a Homestay operation MUST BE A BEDROOM.

The residential structure(s) used for the Homestay operation must be the owner’s PRIMARY RESIDENCE and the owner must provide proof of having a Homeowners Exemption Certificate for the residence in the year preceding the date of application for a homestay permit.

During Homestay operations the owner  benefitting under the Homeowners Exemption for the Homestay Site must be PHYSICALLY WITHIN THE COUNTRY OF KAUAI, RESIDING at the homestay site and PHYSICALLY available for the needs of their guests.  NO OTHER person may act as a substitute for the Owner.

Homestays are PROHIBITED in Agriculture and Open Districts.

General Provisions for Homestay Quota System
 A Homestay approved under a Class 1 or Class 11 ZONING PERMIT is subject to the Quota System.

Homestays APPROVED/REVIEWED  under a USE PERMIT are EXEMPT from the quota. 

Comment: 
DEFINE what category of Homestay Permit needs to be issued through the USE PERMIT PROCESS.   Need to DESCRIBE USE PERMIT process.

The proposed ordinance states: Any application for a Homestay Permit EXCEEDING the number established by the Quota System whether a Minor or Major permit SHALL require a USE PERMIT.

Comment:
Herein lies the possible LOOPHOLE to the QUOTA LIMIT. Poipu, for example, has a resident population that would limit the number of permits to no more than THREE. If the first three homestay permits for Poipu  are  Minor Permits, which are subject to the quota ,  then no more minor permits could be issued. BUT, since there are NO LIMITS TO THE NUMBER OF MAJOR PERMITS THAT CAN BE ISSUED,  THE PROTECTION AFFORDED BY THE QUOTA COULD BE MEANINGLESS. 

I STRONGLY SUGGEST THAT THE  INTEGRITY OF THE QUOTA BE PRESERVED BY  SAYING THE NUMBER  SET BY THE QUOTA CANNOT BE EXCEEDED BY THE COMBINED NUMBER OF PERMITS ISSUED (MINOR +MAJOR).

Development Standards for Homestays
One additional paved and designated off street parking stall for each bedroom used as Homestay.

Comment:
Clarify that homestay parking must be ADDITIONAL, PAVED DESIGNATED PARKING. Cannot be a part of an existing driveway or garage apron.  Clarify that PAVED means surfaced with concrete or asphalt.

The ordinance also states:

Homestay residence must be on DOH approved SEPTIC SYSTEM

Homestay owners MUST be available on a 24/7 basis during homestay operations.  The owner MUST provide his name and contact information to neighbors adjacent to the Homestay and to the Planning, Police, Civil Defense  and Kauai Visitors  Bureau upon issuance of a homestay permit.

No other individual or representative can act for the owner to meet the requirements of the ordinance.

Comment:
How will these provisions be enforced?

Complaints Against Homestay Operations
Neighbors within 300 feet from  a Homestay may file a complaint with the Planning Department. The Planning Director MAY require further review (of the complaint?) by the Planning Commission.  For a complaint affecting a  minor permit in a residential area,  the Planning Director MAY issue a CEASE AND DESIST NOTICE and require the operator to apply and meet the conditions for a Use Permit  before recommencing operations.

Comment:
Change MAY to SHALL.   REQUIRE Planning Director to  refer  any complaint  about a Homestay operation to the Planning Commission.  REQUIRE the Planning Director to issue a CEASE and DESIST and REQUIRE  that  the homeowner to apply for a USE PERMIT for any complaint regarding a Minor Permit  operation within a RESIDENTIAL ZONING DISTRICT.

Renewal of Homestay Permits
Provide proof of General Excise and TAT licenses and primary occupancy. The Department MAY initiate reinspection of the premises.

Comment
Require MANDATORY REINSPECTION OF the premises for which a Homestay Permit  renewal is being sought.  Annual inspection will deter otherwise hard to detect violations within the dwelling.   The number of Homestay permits issued should be low, enabling  reinspections with existing staff.

Homestays in a Residential Zoning District not included in a V.D.A.
Homestays in  Residential Zoning Districts may be issued ONLY with a USE PERMIT.

Comment:
This is misleading.  As the USE PERMIT PROCESS only applies to an application for a MAJOR HOMESTAY PERMIT.

Permitted Minor Homestay Locations in Residential Zoning District not in a V.D.A.
Minor Homestays may be permitted within a Residential District not in the V.D.A. subject to the following.
a)     only one homestay per lot of record
b)     located within a CDP with a resident population of at LEAST 1000.

Comment:
CAUTION:  A minor permit can be issued by the Planning Department within 30 days for a Homestay in the Residential  District providing no objections are filed before the approval date.  STRONGLY RECOMMEND THAT A MINOR PERMIT Application for Homestay in the Residential District be SUBJECT TO THE USE PERMIT PROCESS.

Minor Homestay Procedures.  Notification of Neighbors
Within 7 days after being notified that his application has been accepted by the Planning Department for processing, the applicant must HAND DELIVER  WRITTEN NOTICE OR SEND BY CERTIFIED MAIL WRITTEN NOTICE  of his application to at least 85% of the residents within 300 feet of the applicant’s property. 
     The Notice must include:
a)     location of the property
b)     proposed use of the property
c)     description of the homestay operation
d)    notify neighboring property owners of their right to object to the application
e)     provide the Planning Department’s address to which objections must be mailed
f)      furnish neighbors with the tentative minor homestay approval date 30 days after the Planning Department accepted the application for processing.

Objections to a Minor Homestay Application in a Residential Zone not in the V.D.A.
Any property owner within a residential neighborhood and within 300 feet of a property for which a Minor Homestay permit is being sought, may OBJECT to the application by HAND DELIVERING OR MAILING BY CERTIFIED MAIL  a NOTICE OF OBJECTION to the Planning Department BEFORE the 30 day approval date.  Upon receipt of an objection, the Planning Director shall DENY  the application, reclassify the application as a MAJOR Permit and require the necessary ZONING Permits, including a USE PERMIT.

Comment:
Clarify what Zoning Permits could be required and if granted,  would the permit count under the Quota system?

General Comments:
Revise Ordinance to include description of USE PERMIT issuance process.

Revise Ordinance to include NOTICATION OF NEIGHBORS protocol for MAJOR PERMITS IN RESIDENTIAL ZONE.

Revise Ordinance to include PROTOCOL FOR OBJECTIONS  TO MAJOR PERMIT IN RESIDENTIAL ZONE.

INCLUDE DECRIPTION OF REMEDIES RESULTING FROM OBJECTIONS TO MAJOR PERMIT IN RESIDENTIAL ZONE.


Here's a link to the ordinance so you can read it in full.



The public can submit written testimony and/or speak at the hearing. Prior to the meeting, testimony can be emailed to planner Kaina Hull at khull@kauai.gov.

56 comments:

Anonymous said...

Mahalo Sam and Joan. As if the vacation rental industry has not seriously screwed up the islands residential communities enough already, now comes another group of people who have operated without permits scrambling to get .
We need places for residents to live. With so many visitors, more than 1 million a year, how are residents supposed to live here if the county doesn't keep the resort area out of the neighborhoods?

Anonymous said...

Vacation rentals increase the value of property and put those who don't want to rent at an economic disadvantage when it comes to paying taxes, etc. It also means that home buyers are competing with vacation rental business owners for property. Enough is enough. Tourists are welcome, just not everywhere. And don't forget to leave, please. I feel sorry for Sam Lee and others facing the same problem.

Anonymous said...

Is there a sample written testimony that we can submit against this. We need to stop this! Thank you Sam Lee for stepping up!

Anonymous said...

Is it possible to include a stipulation where the number of bedrooms in use must not exceed that for which the residence is claiming under real property tax?

Anonymous said...

Thank you for writing this great analysis for the proposed new rules. We already have enough vacation rentals in our residential neighborhoods, we don't need more visitor uses occurring in residential neighborhoods, we need our neighborhoods to be places for our residents to live.

Anonymous said...

"our residents" will be living in the same house where their visitors stay, so no residents being displaced.

Sam Lee said...

To 10:22

I think the best possible testimony is the one that comes from your heart. Say what you feel and it'll be powerful. The Lees finally came to the point where we said; OK, this is enough. We know what happens when you sit on your butt and not get involved. We have 27 reminders we live with every day. Win, Lose or Draw; this time, we will have the satisfaction of knowing we tried.

Good luck and best wishes,

Sam and Sheila

Anonymous said...

I don't care about small B&B so much, and I believe the last general plan specifically calls for B&B's in residential neighborhoods. Not sure why the Planning Director needs to show a need for them now. He is supposed to follow the general plan. That plan is years out of date, and perhaps the County should start there.

Anonymous said...

Below is what the actual Kauai General Plan says about B&Bs. It says they are a benefit. I appreciate Sam's idea that the P.D. should have to prove a benefit, but it appears it did that that already when it adopted the General Plan.

"4.2.6.1 Benefits of Alternative Lodging
Kauai Vision 2020 (Chapter 2) foresees increasing interest in small-scale alternative forms of lodging: “Vacation rentals, inns, and bed and breakfasts provide alternative visitor accommodations. They are licensed and monitored by professional associations, which promote cooperative relationships with neighbors.” The last sentence suggests that this home-based industry is primarily self-managing and has developed ways of minimizing neighborhood impacts.
As locally-owned small businesses, alternative accommodations such as B&Bs keep a large share of their revenues within the County and the State. For example, the B&B or vacation rental owner is likely to buy equipment and supplies from local businesses. Similarly, the B&B owner will typically spend net income (profit) on Kauai. As money is spent and re- spent, more local businesses and job-holders benefit."

"4.2.6 Alternative Lodging: B&Bs and Vacation Rentals

Since the 1980s, there has been a large increase in the number of bed and breakfast operations (B&Bs) ...on Kauai. Alternative lodgings are found in existing single-family residences located in single-family residential neighborhoods or in agricultural subdivisions. The County estimates that there are over 200 B&Bs presently operating on the island, though the number could be much higher. Providing an alternative lodging experience, B&Bs and single-family vacation rentals allow visitors to learn about Hawaii’s culture and environment from a community setting."

Sam Lee said...

Oh and another thing.

Before our County passes another ordinance to further impose visitor rentals in neighborhoods, they should be required to PROVE a NEED for such action. What the County does not seem to recognize is that NEED and DEMAND are not synonymous.

For example. there Planning Commission recently approved the South Kauai Community Plan. Within the study is a analysis done by SMS Research regarding numbers of present visitor units, numbers of units planned but unbuilt, and how the inventory of visitor accommodations might compare to demand by the year 2035. The study revealed there are currently some 1632 unbuilt accommodations. By the year 2035, there will be an oversupply of about 150+ units.
So, is there a NEED for Homestays or an ordinance
to allow them? The County study's would suggest otherwise ! Meanwhile applicants are streaming in for permits. If there is a real Need, that is one thing. Just because folks are asking, is not enough to make another exception

aloha, sam and sheila

Anonymous said...

Thank God our property taxes keep increasing. Almost wants me to start a B&B.

Anonymous said...

So Sam - Since tourism is the main industry here in the Islands - like it or not, where do you suggest we put them all? The hotels are all full. Build more then? Where? Stop B&BS and vacation rentals means build more hotels. Sounds like politics to me.

Anonymous said...

"Homestay means an owner-occupied dwelling in which overnight accommodations are provided to transient guests for compensation in the same dwelling or in a guest house."

Not surprisingly, we did it back asswards!
If anything, thirty years ago this is the ONLY kind of TVR that should have been
considered -where the owner LIVES ON THE PROPERTY!

We absolutely do not need anymore homestays/visitor accommodations outside the VDA.
I'm embarrassed that this is even be considered. Talk about insult to injury ...

Joan Conrow said...

But the hotels aren't consistently full, Anonymous. They and their fulltime, tax-paying and often unionized employees have been steadily losing ground to the TVRs, which frequently employ independents who often work for cash in the underground economy and receive no benefits.

Joan Conrow said...

Meanwhile, the infrastructure requirements that would have been extracted from a similarly-sized hotel, such as roads, employee housing, water systems and sewage treatment, are either left undone by the TVR/homestay industry or shouldered by taxpayers.

Anonymous said...

So Joan - how do u know all these independents work underground? Produce some evidence.

Anonymous said...

Water and sewage left undone?$&@ what are u saying- that these places use outhouses. Come on!

Anonymous said...

Joan - What makes unionized employees better than a nonunion employee?

Sam Lee said...

Wow, active discussion - Great! Thanks for getting involved,

For 8:36. In our post above, we mention the South Kauai plan identifies some 1600, zoned, permitted, but mostly unbuilt visitor units on the South Shore alone. On the East side, recently approved are over 800 new units at Waipouli/CoCo Palms, plus more in Princeville. To answer your question, assuming we are short visitor units, which the South Kauai report says we are not; I'd suggest the County focus their energy on getting developers who've they've given permits to, to build their projects on time, and cease trying to muscle vacation stays into places where people live.

Best wishes to you,. Sam

Joan Conrow said...

I said they often, not all, work underground. I have known many of these yard and house cleaners and seen them work for cash. 9:47-- you apparently missed my posts on how many large TVRs use cesspools and they have expanded small houses, and thus water consumption, without contributing to the construction of new wells or other water capacity. A hotel of similar size wouldn't be allowed to do that. And a union employee isn't necessarily any better than a nonunion worker, though his/her benefits often are.

Sam Lee said...

I'll be the first to admit, 7:34, I am not an authority on the general Plan. Actually, I know very little about the details.
What I do know (excuse me in advance if I'm incorrect), is that the General Plan is a direction setting policy document, only. Actual land use regulations are established and enforced under the CZO and by zoning maps. Furthermore, the General Plan nor Regional Development Plans cannot preempt regulatory ordinances. This is why Cease and Desist letters are going out.

Other parts of the GP pertaining to the South Shore say in the Vision for Kauai 2020; "recognition of the uniqueness of our communities supporting people with roots and history in those communities to continue to live and raise their families there"

Another section speaking about the Poipu resort district says "A resort destination whose government and leaders respect the island residents and their need to have a community life where visitors are not always present"

Please correct me if I'm wrong.

Thanks, Sam

Anonymous said...

9:41 Anonymous - Want proof of underground? Check Craigslist for rooms available. You will be shocked!

Anonymous said...

Water and sewage left undone?$&@ what are u saying- that these places use outhouses. Come on!
answer is that wastewater requirements were not thought of, um like there are people renting to 21 people while still having a cesspool. Water well that refers to the TVR'w with 5 bathrooms and 5 jacuzzis, still got that cesspool? Wonder why the reef sucks, look to your sunscreened, mosquito repellent covered visitor's who go snorkeiing before they all get in the jacuzzi'sssss

Anonymous said...

the statistics on TVR's mirror the decline of the Hotel. They have captured more than 30% of the visitor market and hotels remain around 70% full. Visitors don't get to decide they want the whole island to resort to resort. The $$ value of a home is less than the dollar value of a home and business, this homestay law will bring more business to already stressed out communities. Wrong, unless they want to repeal the ill thought out TVR law and replace it with this. As 9:21 said
Not surprisingly, we did it back asswards!
If anything, thirty years ago this is the ONLY kind of TVR that should have been
considered -where the owner LIVES ON THE PROPERTY!

Anonymous said...

The general plan was utilized to allow the TVR's. B&B's always required a use permit and everyone who operated a B&B was supposed to get a use permit to do so. What we have here are many people who illegally operated their vacation rental operation without permits, and now are calling their business a B&B because they can apply for permits when the vacation rental door is closed.

Anonymous said...

Anonymous April 6, 2015 at 8:36 PM:

The hotels are rarely, if ever, full.

When a hotel reports their occupancy rate, they don't mention that perhaps one wing (or several floors) of the hotel have been temporarily closed...to allow them to claim high occupancy to the media.

Anonymous said...

A use permit is not required for a B&B under the current code. In fact a residential house may be allowed rentals as specified. The issue is unaddressed and hence allowed.,

Anonymous said...

It would seem that the complaints here about the transient rentals not contributing to Kauai's infrastructure miss the obvious point that the vast majority ARE paying taxes. Joan, you have no proof that A total of 13.25% off the top. What you should be asking is why Kauai does not get more of the 9.25% T.A. tax that Kauai is generating and yet the State is keeping. Is the State fixing our congested roadways, building sewage treatment plants or water sources? Also, the county collects far more property taxes from these revenue generators than homeowners pay. and these homeowners may have just as many or more people crammed inside them, pooping and peeing in their cesspools because there's not enough affordable housing here. BTW - I may have missed something. Who doesn't have enough water now? You are coming down on one of the truly material sources of tax revenue to pay for all these needs yet you want to shut them down? That is idiocy. Put your efforts into making the State give us back the revenue Kauai collects and make sure that those few TVR's and B&B's that don't pay taxes...do pay them. Joan, what is your proof or evidence that there are many (as you say) that don't pay their taxes? Now you sound just like the Anti-GMO people you criticize for making all sorts of unfounded claims.

Anonymous said...

PS - If you KNOW of TVR's that aren't paying taxes then you can easily report these criminals to the State tax office. Of course, you'll need some sort of reason why you think a specific owner is not paying. Evidence, please?

Joan Conrow said...

8:15-- You seem terribly confused. I didn't say anything about whether the property owners are paying TAT.

Anonymous said...

8:02 you are misinformed or spreading bullshit, B&B's always needed a Use Permit and still do. That was one of the reasons the TVR ordinance did not address B&B's, they already required a use permit, while the law was silent on single family rentals.Nine (9 )Business's on Kauai operate legal B&B's with Use permits, the rest were operating without permits.

Anonymous said...

Return the neighborhoods to neighborhoods for residents, not visitors, that is why the state mandated the counties set up VDA areas. Sure people want to buy and sell and buy and sell endlessly, but take the commercial aspects out of the residential areas.

Anonymous said...

"B&B's always required a use permit and everyone who operated a B&B was supposed to get a use permit to do so. "

This statement is not true. Pre-2008 it was widely understood that B&Bs in residential neighborhoods did not need a use permit. Planning officials would tell you so. It was in 2008 or 2009 that this new idea that the county needs to require use permits went into the TVR law and it was 2009 when the County started falsely saying that it has always been this way. Now the County is seeking a ruling that B&Bs require use permits - so even it is not sure. Ultimately they gonna have to grandfather.

B&Bs are not TVRs and the wild speculation that they sky is suddenly falling because of B&Bs is reminiscent of the anti GMO crowd hysteria. And it is a mistake to look only at Wainiha and Poipu and conclude that the whole island needs the same fix.


Anonymous said...

Welcome to the sharing economy. This is Uber and Lyft for housing. Restaurants are next as the sharing economy apps are soon going to be matching people who want a private meal or a small dinner party with people who want to cook and serve those meals in their private homes.

We can yell that this shouldn't be allowed and "doesn't someone have sample testimony against...." but you don't stop the tech/sharing economy just like you can't stop the GMO industry. Better you adapt and thoughtfully regulate so as to embrace and push the positives. Zoning codes need to be updated to be relevant to the actual economy and land uses - otherwise they become like outdated and not very useful.

Anonymous said...

This statement is not true. Pre-2008 it was widely understood that B&Bs in residential neighborhoods did need a use permit and it still is

Anonymous said...

what's next, sex for sale next door to you too? get a grip

Anonymous said...

@ 9:37 given this logic, why bother trying to stop ice dealing or human trafficking? Moral codes are so outdated when viewed through the economic prism.

Anonymous said...

If the hotels aren't full, outlawing TVR's and B&B's is not suddenly going to result in all those vacationers who stay in alternative accomodations suddeenly deciding, "great, let's just stay in a hotel now!" A lot of tourists would never come to Kauai if they were forced to stay in the completely artificial environment we call a hotel, or be forced to stay in that other very artificial vacation area we call a "vacation destination area" like Princeville. If half the homes in Haena, Hanalei, and Annini are TVR's, it's because the tourists voted with their feet as to where they wanted to go - and hotels and "VDA's" aren't among those places. It's the tourists -not a government agency - who ultimately decide what a "vacation destination area" is - they know darn well where they want to go. By and large, they are not coming to Kauai to stay in a hotel.

Anonymous said...

"what's next, sex for sale next door to you too? get a grip"

Actually that is not next. It is already here. Google the web sites for "Sugardaddys." You can buy all the sex you want, next door or in you own home.

Anonymous said...

We don't need tourists in every nook and cranny and if they gotta stay in a TVR, there's a lot to choose from within the VDA.

Anonymous said...

A lot of tourists wouldn't come to Kauai because they couldn't stay in a TVR outside the VDA? What a shame.

Anonymous said...

True that. Renting out an extra bedroom is so immoral just like human trafficking and ice dealing.

Anonymous said...

By the County's thinking a "rice cooker" proves there is an illegal dwelling or BB.
Where is Tim Bynum when we need him?
The more power you give to the County the less freedom you have as an individual.
Focus on real issues. TVRs and BBs will not ease the local housing issue.
This BB issue is a pure power grab by the Planning Department. If a BB causes problems address that BB specifically. Mike Dahlig's broad sweep will cause harm. Leave the TuTu and her renting out a room alone. Social Security ain't keeping up with the County's rising taxes, Auto fees, trash pickup etc.
The real problem is a runaway County government. The BB issue is a diversion.

But Ms Joan, you stirred up this hornet's nest when you took the good works of those 2 NS gals and took it to the Blog. It took a little time for the seed to grow.

Now millions of dollars are lost by mostly local folks trying to make a few extra bucks.
The power of one woman and her pen.

Anonymous said...

8:46 AM - They only needed a user Permit on State-governed ag lands. If they were on County governed urban land, the County lacked any laws governing them. They weren't a problem! They went unrecognized and unregulated. They just weren't a concern years ago. It's only since the huge influx of mainlanders since the 80's that it has become a concern. I have to say that B&B's, due to their close management, are far less intrusive, if at all, than TVR's.

Anonymous said...

you know what! All you pro TVR/BnB , "get with the times", " I pay more taxes so I should get to do what I want to do " guys. should take a hike.

The silent majority all over Kauai are tired of your money first, me first, mentality that has converted places where people live into horizontal resorts. One guy said we are over reacting, the sky is really not falling, tourist rentals are not a problem. Oh yeah? Then what about the hundreds of illegals all over the island? That is not problem? Get your head out of your ass. We don't want your rentals next to us or even down the street. We don't want your tourist guests walking into our yards, picking our flowers and fruit and asking stupid questions. Where is the Aloha Spirit you say? You guys took advantage of us, screwed up our neighborhoods, so don't expect Aloha any time soon.

Anonymous said...

5:12
I wonder what "those two NS gals" think about Joan's The Abuse Chronicles.

Anonymous said...


Hey 8:46,
That was HARSH and in your face and so damn true.

Anonymous said...

Barbara and Caren continue to be major players
In helping curb da TVR mess.
A picture was painted (by the short sighted industry) of these two being in the minority.... a couple of NS nut jobs. Well, thank God for these nut jobs!

I have a feeling Caren and Barbara are stoked about two things;
Joan's Abuse Chronicles and
Sam Lee.

Anonymous said...

Luckily they are not nut jobs, just intelligent forward thinking women. Thankfully we have them to speak up on these issues. Caren and Barbara have diligently worked on vacation rental / visitor uses in our residential neighborhoods and time has proven that they are exactly right. Mahalo for all their had work in trying to keep our neighborhoods, neighborhoods!

Anonymous said...


Through the years, Caren and Barbara have had many, many supporters. What I meant to say (7:09) was that
Sam has brought a new voice into the picture and we needed that right about now.

Anonymous said...

Tourism is a powerful economic force that provides many benefits but also disrupts the community. Many commenters only consider the financial gain associated with TVRs and tourism in general without any concern for the negative impacts. At what point do we get to say "enough"?

Anonymous said...

At what point do we get to say "enough"?
Kauai always said it didn't want to be like Maui, seems we failed. It is hard work to keep Kauai Kauai. Way past time to step up the efforts.

Sam Lee said...

What Sam and many others are saying is, stop with giving the entire island over to tourism. I mean, we have Resort zoned land. We have VDA zoned land. We have commercially zoned land. We have Ag zoned land, already accommodating vacation rentals. Now you're telling us you should have Residential Zone, too? We don't think so !

One of our elected officials has said over many years - "We need to keep Kauai Kauai" What does this mean? Hopefully by NOT allowing more visitor rentals into every neighborhood on Kauai.

Anonymous wonders at what point do we say enough. IMHO, we are way beyond Enough Already.

Sam

Sam Lee said...

Just received a revised version of the Homestay Ordinance. Haven't had a chance to digest it yet, but on the face of it, the new version looks a lot different than the original.

Best, Sam

Anonymous said...

Huahuahuahuaha

Anonymous said...

anonymous

Is that some kinda chant or do U have a chest cold.