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The Honolulu Advertiser
Posted on: Sunday, November 4, 2007

Oahu plan would end ban on B&Bs

StoryChat: Comment on this story

By Eloise Aguiar
Advertiser Staff Writer

Hawaii news photo - The Honolulu Advertiser

Tonic Bille owns and operates one of the legal bed-and-breakfast businesses in Kailua, Beach Lane Bed & Breakfast. She holds a sign she wishes she could put up at her B&B, but regulations ban signage.

ADVERTISER LIBRARY PHOTO | Feb. 20, 2007

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Hawaii news photo - The Honolulu Advertiser

Don Bremner, spokesman for the watchdog group Keep It Kailua!, calls the council's bed-and-breakfast amendments "a wholesale sellout of the community."

ADVERTISER LIBRARY PHOTO | July 7, 2004

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B&B MEASURES

Amendment 186

  • Include address and permit number in any advertisement.

  • Fines: 1st violation, up to $1,000 and up to $1,000 per day until corrected;

    Recurring violations, $1,000 to $5,000, and $1,000 to $5,000 per day until corrected.

    Amendment 187

  • Repeals prohibition on new bed-and-breakfast homes.

  • Operators must obtain a Conditional Use Permit.

  • Present to neighborhood board or community association.

  • Send written notice of presentation to adjoining properties.

  • Notice of application sent to property owners within 300 feet of project who must be asked if they wish to have a public hearing.

  • 51 percent of the neighbors within 300 feet must support the project.

  • Only one bed-and-breakfast home per 500 feet.

  • Only two guest rooms.

  • One off-street parking space for each guest room.

    Full text online

    To view the department's version of the amendments go to www.honoluludpp.org. Scroll down the bar on the right to Oct. 22, 2007 Proposed Land Use Ordinance Amendments Relating to Transient Vacation Units and Bed and Breakfast Homes.

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    A two-year effort addressing the controversy over bed-and-breakfast operations on O'ahu has resulted in measures that could increase the number of such accommodations but impose new requirements.

    Two amendments before the city Planning Commission call for lifting the ban on new bed-and-breakfast accommodations, limiting them to residential neighborhoods and requiring more information about them in advertisements.

    Public hearings are expected before the amendments are sent to the City Council for further hearings and final consideration.

    Opponents said they were "at a loss" to understand the city's action.

    The bed-and-breakfast amendments are a "wholesale sell-out of the community," said Don Bremner, spokesman for Keep It Kailua!

    "It promotes the marketing of our neighborhoods for monetary gain and tourism sprawl," Bremner said in a press release. "The only beneficiaries are the few people who would destroy our residential character and turn it into a resort."

    He questioned whether new regulations would help control illegal operations.

    But Tonic Bille, who has advocated for more bed-and-breakfast homes, said the law would have a positive impact on the industry and the community.

    "They will be regulated," said Bille, president of the Bed and Breakfast/Transient Vacation Unit Association of Oahu.

    Issues that have angered some residents will be addressed in the permitting process, including parking, number of guests and any other concerns neighbors have because the city can impose conditions, Bille said.

    "I know the people who have all these complaints will see a big difference," she said.

    VOCAL OPPONENTS

    Controversy over bed-and-breakfasts, which operate out of a home and are run by a person living there, and transient vacation units, where the operator lives off-site, came to a head two years ago when opponents of the tourist lodgings became more vocal.

    Complaints about parking problems, loud parties, late-night arrivals and more were heard at neighborhood board meetings, particularly in Kailua and on the North Shore, and at the City Council.

    The council proposed two amendments to the ordinance governing such operations and directed the Department of Planning and Permitting to review them. The planning department has now sent the two amendments to the Planning Commission with some deviation from the council's proposal, said David Tanoue, planning department deputy director.

    One amendment calls for the repeal of the present bed-and-breakfast law, allowing them in residential neighborhoods under a conditional use permit, and provides an avenue for neighbors to block the operation.

    The second amendment requires transient vacation units, including bed-and-breakfast homes, to include the permit number and addresses for the units in any advertisement. It also establishes fines for noncompliance.

    CONDITIONAL USE

    The measures would strengthen the city's enforcement ability, Tanoue said.

    "Both resolutions came from the City Council on a unanimous vote," he said. "For the department, we look at that as a clear intent of what the council wants to see move forward, so we're working within that framework. ... So we maintained the council's intent of opening up the bed and breakfast in certain situations but we folded it into our current system."

    Conditional Use Permits would allow the department to place requirements on the permit that will mitigate negative impacts, he said.

    The amendment would not allow bed-and-breakfast homes on agricultural land, because the state and the city are developing policies to protect agricultural lands, said Henry Eng, planning department director, in a memorandum to the Planning Commission.

    Bille said the amendments didn't completely satisfy her and she plans to lobby the Planning Commission. She had wanted to use up to three bedrooms in a home instead of two, and she doesn't want to include an address in an advertisement.

    Too many tourists arrive and have no place to stay, she said, and would be knocking on her door at all hours if the addresses were published. And three bedrooms are necessary to survive.

    "The national standard for making it financially is five rooms," Bille said. "I would never ask for five rooms. Three rooms would be reasonable because if you have two rooms you would need another job."

    Reach Eloise Aguiar at eaguiar@honoluluadvertiser.com.

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