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The Honolulu Advertiser
Posted on: Wednesday, November 19, 2008

Council extends deadlines for B&B bills

By Peter Boylan
Advertiser Staff Writer

The debate over whether to allow creation of new bed-and-breakfast operations on O'ahu will carry well into the new year after a City Council committee agreed yesterday to extend the deadline for action on two bills addressing the issue for 90 days so that all sides could come together and work toward an equitable end.

City Councilman Rod Tam, chairman of the Zoning Committee, said he understands the urgency behind the push for resolution of the issue, but he cautioned that no solution will be reached unless stakeholders from opposing sides collaborate.

"Because of more proposals that have been suggested during public hearings so far (we need the extension)," said Tam. "I know people have been impatient with resolving this. It's been an outstanding problem for many, many years."

The council is considering three pieces of legislation that would legalize and regulate bed and breakfast operations on O'ahu:

  • A proposed charter amendment that would create a licensing and enforcement board for bed-and-breakfast operations received initial approval from the City Council yesterday despite opposition from a sizeable crowd at Honolulu Hale.

    If it succeeds, the question would go on the ballot in 2010.

  • Bill 6 would amend the Land Use Ordinance by removing the prohibition on new bed-and-breakfast homes and establishing bed-and-breakfast homes as a conditional use in residential districts subject to standards and restrictions, including a minimum separation distance, and requiring a conditional use permit (minor) for the use.

  • Bill 8 would require that advertisements for transient vacation units, also called TVUs, include information that would facilitate officials' ability to find illegal TVUs and to enforce the prohibition against their operation in residential and certain other areas.

    The issue has been controversial, especially on the Windward side and in residential communities close to beaches and scenic spots.

    Many residents argue that a the operations commercialize their neighborhoods and welcome a transient element that can be disruptive while driving up rents.

    "Bed and breakfast (operations) is killing us on the Wai'anae Coast. We want to keep the country country," Polly Grace, a Wai'anae resident, told the council yesterday. "People are struggling. If you don't give us a hand on this, our people will always be on the beaches. It's sad."

    Proponents of the small businesses say that legitimate business aided by reliable regulation can co-exist with residential communities.

    If enacted, the legislation would overhaul the city ordinance on short-term rentals passed in 1989, which banned new bed-and-breakfasts.

    Fewer than 100 bed and breakfasts are operating under nonconforming use permits, in which owners take in renters for less than 30 days. About 1,000 owners have permits to rent an empty home for less than 30 days, city officials say.

    Reach Peter Boylan at pboylan@honoluluadvertiser.com.