Measure regulating transient rentals moves toward reality

By VALERIE MONSON, Staff Writer

WAILUKU – A bill regulating transient vacation rentals took a big step toward becoming long-term reality Monday when the County Council’s Planning Committee voted to send a draft of the measure to the planning commissions for review over the next few months when lawmakers are tied up in budget hearings.

"I think it’s wonderful," David Dantes, president of the Maui Vacation Rental Association, said after the meeting. "The thing I’m elated about is now that they’ve done this, there’s a good chance we won’t have to wait and straddle an election year. We should be able to get a good, enforceable law adopted by the end of this term and put the issue to rest."

Acknowledging the wishes of the members, Chairwoman Charmaine Tavares said she would send not only a draft of a bill introduced by Council Member Bob Carroll, but another one introduced by Council Member Jo Anne Johnson and other supporting materials so the planning commissions of Maui, Molokai and Lanai would have a good idea of what had been discussed. As usual, the Hana Advisory Committee also will be included in the review process.

Carroll’s bill, crafted with input from Dantes’ organization, essentially would broaden legislation that governs bed-and-breakfasts to allow two separate structures per lot for short-term rentals. Bed-and-breakfast rules say the proprietor must live in the same dwelling that houses the vacation units, but the new bill includes free-standing structures.

It appears that the two structures would be permitted in addition to a main house. The bill also would green light resident managers instead of the owner to maintain the business.

The introduction to the bill said that the two individual structures and resident managers would be allowed "in limited instances."

The idea to get comments from the planning commissions during the time frame when the council has no option but to deliberate the budget sounded like a perfect scenario. In an ideal world, the comments from all commissions would be awaiting lawmakers when budget wraps up by the end of May, making for an easy transition to get back into the thick of things. However, county government is anything but an ideal world. The Planning Department’s Joe Alueta reminded council members that the Maui panel usually was booked two or three months in advance, so it could be a while before the reviews take place.

For nearly 90 minutes, lawmakers debated whether they should send the draft now, in their last committee meeting before budget, or hold off until a more refined version was available, probably not until June, at the earliest. Even by routing the draft to the commissions, the committee will have to send a final bill back to the commissions for another review.

Carroll urged his colleagues to take immediate action, especially so the differing thoughts of residents of the different islands could be considered.

"I don’t think we have an ordinance that’s a one size fits all," he said.

He found quick support from Council Member Mike Molina.

"We have a problem here and we can’t wait," said Molina. "The longer we wait, the more we spin our wheels. . . . The level of concern continues to rise on this issue."

Council Member Joe Pontanilla asked that the commissions also be forwarded information gathered by a task force appointed a few years ago to discuss transient vacation rentals. Tavares noted that the task force was disbanded before it completed its work, but said she would find out what had been prepared. In addition, commissions will get a report from the Kula Community Association; anticipated comments from community associations in Makawao, Paia and Haiku; and other pertinent information.

Although it appeared that vacation rentals would be allowed on agricultural land, Johnson did not seem to be willing to support that.

The bill also would simplify application procedures and expand eligibility for bed-and-breakfast home permits while strengthening the prohibition against illegal transient vacation rentals.