HomeMy WebLinkAboutBILL 2933 NOTICE OF PUBLICATION/NOTICE OF PUBLIC HEARINGNOTICE OF PUBLICATION AND NOTICE OF PUBLIC HEARING . ~ ;• . "\ ,_; ... ,.,
·, ; Notice is hereby given that the Kaua'i County Council will hold a public
hearing on Wednesday, October 9, 2024, at 8:30 a.m., or soon thereafter, at the
Council Chambers, 4396 Rice Street, Room 201, Historic County Building, Lihu'e,
"24 SEP 1 <in ~ :DAlowing:
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BillNo. 2933
, :,··/, 0.-A,BILL FOR AN ORDINANCE AMENDING CHAPTER 8, KAUA'I COUNTY
.J -'l _'~\CODE 1987, AS AMENDED, RELATING TO THE COMPREHENSIVE
ZONING ORDINANCE, INCLUDING MATTERS PERTAINING TO GUEST
HOUSES (Kaua'i County Council, Applicant) (ZA-2024-3 -Planning
Commission Recommendation)
This Bill proposes to expand the permissiveness of guest houses in zoning
districts Residential R-1 to R-6 and R-10 to R-20, CN (Neighborhood Commercial),
CG (General Commercial), AG (Agriculture), 0 (Open), and UNV (University), and
make other technical edits. Specifically, when requirements detailed in the Bill are
satisfied: "The development of one (1) guest house per one (1) dwelling unit is
authorized in zoning districts R-1 to R-6, R-10 to R-20, CN, CG, AG, 0, and UNV."
Requirements include, but are not limited to, that every guest house shall: "Be
provided with one (1) off-street parking space per guest house in addition to the
required off-street parking for all dwelling unit(s)"; "Never be separated in
ownership from the ownership of its primary dwelling by any owner or any heir,
successor, or assign of any owner, including but not limited to submitting the lot or
any portion thereof to a condominium property regime (CPR)"; and "not be used for
a transient vacation rental (TVR) or homestay operation within or outside of the
visitor destination area (VDA)." Additionally: "A parcel situated within the Special
Management Area (SMA) shall be limited to a maximum of one guest house per lot
of record." Addition to or modification of these requirements and other amendments
to this Bill are possible at future meetings.
Any person may testify at the public hearing, and at any Council
and Committee Meeting (at which time any Bill may be amended).
Meeting notices and full-text Bills are available at least six (6) days in
advance at the Office of the County Clerk, Council Services Division and
kauai.govlGovernmentlCouncil/Webcast-Meetings. Written testimony may be
submitted via counciltestimony@kauai.gov, mail, or fax. For further information,
please call (808) 241-4188.
CERTIFICATE OF THE COUNTY CLERK
I hereby certify that the Kaua'i County Council passed on first reading and
ordered to print Bill No. 2933 during the September 11, 2024 Council Meeting, by
the following vote:
A YES: Bulosan, Carvalho, Cowden, De Costa, Kagawa, Kuali'i,
Rapozo
NOES: None
EXCUSED & NOT VOTING: None
RECUSED & NOT VOTING: None
Lihu'e, Hawai'i
September 11, 2024
TOTAL-7,
TOTAL-0,
TOTAL-0,
TOTAL-0.
Isl Jade K. Fountain-Tanigawa
County Clerk, County of Kaua'i
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UPON REQUEST, THIS NOTICE IS AVAILABLE IN ALTERNATE FORMATS
SUCH AS LARGE PRINT, BRAILLE, OR ELECTRONIC COPY.
(One publication -The Garden Island-September 19, 2024)
ORDINANCE NO. BILL NO. _29_3_3 __ _
A BILL FOR AN ORDINANCE AMENDING CHAPTER 8,
KAUA'I COUNTY CODE 1987, AS AMENDED, RELATING TO THE
COMPREHENSIVE ZONING ORDINANCE, INCLUDING MATTERS
PERTAINING TO GUEST HOUSES
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF KAUA'I, STATE
OFHAWAI'I:
SECTION 1. Findings and Purpose. The Council of the County of Kaua'i
finds that housing supply remains limited and that even residents with means of
payment or who are approved for housing assistance struggle to locate available homes
for rental or purchase. Therefore, the purpose of this Ordinance is to expand the
permissiveness of guest houses in zoning districts Residential R-1 to R-6
and R-10 to R-20, CN (Neighborhood Commercial), CG (General Commercial),
AG (Agriculture), 0 (Open), and UNV (University), and make other technical edits.
SECTION 2. Chapter 8, Section 8-1.4 (Application of Regulations), Kaua'i
County Code 1987, as amended, is amended by adding a new Subsection (i) to be
appropriately inserted and read as follows:
"(i) The develo p ment of one (1) guest house p er one (1) dwellin g unit is
authorized in zonin g districts R-1 to R-6 . R-10 to R-20 . CN. CG , AG , 0 . and
UNV, p rovided that everv guest house shall:
(1) Meet all a pp licable develo p ment standards and other
re q uirements for the p articular Use District:
(2) Meet all other a pp licable governmental rules , re gulations .
ordinances . statutes . and laws:
(3) Be p rovided with one (1) off-street parking s p ace per guest
house in addition to the re q uired off-street p arkin g for all dwellin g
unit(s ):
(4) Never be sep arated in ownership from the ownership of its
rimar ' dwellin b an owner or an heir. successor. or assi of an
owner. including but not limited to submitting the lot or any p ortion
thereof to a condominium p rop ertv re gime (CPR): and
(5) A guest house shall not be used for a transient vacation
rental (TVR) or homestav op eration within or outside of the visitor
destination area (V DA).
(6 ) A p arcel situated within the Sp ecial Mana gement
Area (SMA) shall be limited to a maximum of one guest house per lot of
record .
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(7) Prior to building p ermit review for a guest house . the
followin g p ublic facilities shall be found ade q uate to service the guest
house :
(A ) For sewered areas . the availabilit, and ca p ability of
a p ublic sewer s y stem shall be confirmed in writing b y the
De partment of Public Works. The availability of a p rivate sewer
s stem or an individual wastewater s v stem shall be confirmed in
writing b y the State of Hawai 'i Dep artment of Health.
(B ) The availability of water (including but not limited
to source , transmission. and stora ge lines/facilities) shall be
confirmed in writin g b y the De p artment of Water.
(C ) A pp roval in writing for a guest house from the
Kaua'i Fire De p artment shall be re q uired.
(8 ) The Guest House Clearance Form as p rescribed b v the
Planning Director shall be com p leted p rior to a pplication for a building
permit and shall be submitted with the building p ermit a pp lication. All
re quirements and conditions on the com p leted Guest House Clearance
Form shall be met prior to issuance of a building p ermit based on le gal
re q uirements at the time of building p ermit issuance . The Planning
Director shall certify the Guest House Clearance Form as comp lete onlv
if every si gnature blank on the form has been signed b v the resp ective
gep artment or a gencv . and the a pp licant has signed an affidavit
p rescribed b v the Planning Director."
SECTION 3. Chapter 8, Section 8-2.1 (Districts), Kaua'i County
Code 1987, as amended, is amended by clarifying that the Agriculture District can read
as either "A" or "AG," and by adding reference to the Special Treatment-ST:Coastal
Edge-ST-CE (created in 2020) and the University District (created in 2017), to read as
follows:
"To carry out the purposes of this Chapter, the major and minor districts
into which the County of Kaua'i may be divided and their official abbreviated
designations are as follows:
(a) Residential-R:
(1) R-1
(2) R-2
(3) R-4
(4) R-6
(5) R-10
(6) R-20
(7) R-40
(b) Resort-RR:
(1) RR-10
(2) RR-20
(c) Commercial-C:
(1) Neighborhood Commercial-CN
(2) General Commercial-CG
(d) Industrial-I:
(1) Limited Industrial-IL
(2) General Industrial-IG
(e) Agriculture-A or AG
2
(f) Open-O
(g) Special Treatment-ST:
(1) Public Facilities-ST-P
(2) Cultural/Historic-ST-C
(3) Scenic/Ecological-ST-R
( 4) Open Space-ST-O
(5) Coastal Edge-ST-CE
(h) Constraint-S:
(1) Drainage-S-DR
(2) Flood-S-FL
(3) Shore-S-SH
(4) Slope-S-SL
(5) Soils-S-SO
(6) Tsunami-S-TS
(i) Universitv-UNV'
SECTION 4. Chapter 8, Section 8-2.4 (Uses in Districts), Kaua'i County
Code 1987, as amended, is amended by amending its Table 8-2.4 (Table of Uses) by
deleting the entire row Sec. 8-2.4(a)(2) ("Accessory structures and uses, including one
guest house") and renumbering the remaining row Sec. 8-2.4(a)(l), at column "Sec."
only, to read as: "8-2.4(a)".
SECTION 5. Chapter 8, Section 8-15.1 (Additional Dwelling Unit on
Other Than Residentially Zoned Lots), Kaua'i County Code 1987, as amended, is
amended by amending its Subsection (d) to read as follows:
"(d) • Notwithstanding the expiration of Subsection (a), and subject t;
compliance with all applicable legal requirements and conditions, a Building
Permit for an additional dwelling unit shall be granted for a lot in existence as of
December 31, 2006 which, up to December 31, 2006, was eligible to apply for an
additional dwelling unit under Subsection (a) and for which an ADU Facilities
Clearance Form is certified as complete by the Planning Director as of
June 15, 2007, or for which an ADU Facilities Clearance form was signed by the
authorized employees of all agencies or departments listed in the ADU Facilities
Clearance Form and submitted with a Building Permit application prior to
November 22, 2006, provided that:
(1) The term "lot in existence as of December 31, 2006," as used
in Subsection (d) shall not apply to any lot created by the relocation of a
kuleana lot by consolidation and resubdivision pursuant to the provisions
of Chapter 9, Kaua'i County Code 1987, as amended ("Subdivision
Ordinance"), where such consolidation and resubdivision occurs after
December 31, 2006.
(2) All applicable County requirements not inconsistent with
Sec. 46-4(c), Hawai'i Revised Statutes, and the County's zoning provisions
applicable to residential use are met, including, but not limited to,
building height, setback, maximum lot coverage, parking, and floor area
requirements.
(A) If the additional dwelling unit is to be built in a
Special Treatment District or Constraint District, all requirements
of such district shall be met.
3
(B) Notwithstanding any other provision to the contrary,
for lots in the Urban and Rural State Land Use Districts which
were rezoned from Residential to Open District after
September 1, 1972, the maximum lot coverage shall be the same as
the Residential District requirement.
(3) The provisions of this Subsection shall not apply to lots
developed under a project development, or other multi-family
development, or similar provisions where the aggregate number of
dwelling units for such development exceeds the density otherwise
allowed in the zoning district, or where additional dwelling units are
specifically prohibited by zoning ordinance.
(4) For lots on which an additional dwelling unit is developed,
[no] guest house [under Sec. 8-4.3(a)(2) shall be allowed.] allowances shall
be governed b y Section 8-1.4 (i). [An existing guest house may be converted
into an additional dwelling unit, but no additional guest house may be
constructed.]
(5) The following public facilities are found adequate to service
the additional dwelling unit:
(A) Public sanitary sewers, an individual wastewater
system (or cesspool), or a private sanitary sewer system built to
County standards and approved by the Department of Health.
(B) For sewered areas, the availability and capability of a
public sewer system shall be confirmed in writing by the
Department of Public Works. The availability of a private sewer
system shall be confirmed in writing by the Department of Health.
(C) The availability of water (including, but not limited
to, source, transmission, and storage lines/facilities) shall be
confirmed in writing by the Department of Water.
(D) Approval in writing from the Kaua'i Fire Department
is required for all parcels.
(6) An ADU Facilities Clearance Form as prescribed by the
Planning Director shall be completed prior to application for a Building
Permit and shall be submitted with the Building Permit application.
Completion of the ADU Facilities Clearance Form shall not guarantee the
issuance of a Building Permit. All requirements and conditions on the
completed ADU Facilities Clearance Form shall be met prior to issuance
of a Building Permit based on legal requirements at the time of Building
Permit issuance. The Planning Director shall certify the ADU Facilities
Clearance Form as complete, only if every signature blank on the Form
has been signed by the respective department or agency, and the applicant
has signed an affidavit prescribed by the Planning Director verifying:
(A) that there is no restriction or covenant applicable in any deed, lease,
or other recorded document which prohibits the construction or placement
of an additional dwelling unit on the applicable lot; and (B) that the
applicant understands that completion of an ADU Facilities Clearance
Form does not guarantee or vest any right to a Building Permit, and that
all conditions and requirements in existence at the time of Building
4
Permit application shall be met before a Building Permit can be issued.
The Planning Department shall keep a record of all ADU Facilities
Clearance Forms that are issued and shall retain the original affidavits
and the original ADU Facilities Clearance Forms that are certified as
complete by the Department.
(7) The applicant shall obtain a re-certification from the
Planning Department certifying that applicant has met the requirements
set forth in Sec. 8-15.l(d)(6). A regulatory fee of Two hundred fifty dollars
shall be charged upon registration for a re-certification. If the applicant
fails to obtain a re-certification by June 30, 2017, the entitlement to the
additional dwelling unit shall be deemed terminated and no building
permit shall be issued for the additional dwelling unit. The Planning
Director shall notify the applicant in writing that the entitlement to the
additional dwelling unit has been terminated. The applicant may appeal
the termination to the Planning Commission in accordance with the Rules
of Practice and Procedure of the Planning Commission.
(8) Where a regulatory fee has been paid, the fee payment shall
be deposited to the "ADU Re-certification Fund." There is hereby
established and created a fund to be known as the "ADU Re-certification
Fund." The fees collected pursuant to this subsection are hereby deemed
appropriated upon receipt, and may be expended by the Department of
Planning for the hiring of persons employed on a fee, contract, or
piecework basis, or independent contractors to assist in conducting
inspections. The maximum number of persons that may be hired with
these fees shall be determined by the Budget Ordinance. The fees may
also be expended for materials, supplies, and equipment that facilitate
inspections, and for payment of overtime to conduct inspections.
(9) Nothing contained in this Section shall affect private
covenants or deed restrictions that prohibit the construction of a [second
dwelling unit] specified number of dwellin g units on any lot.
(10) Notwithstanding any law to the contrary:
(A) it is the applicant's responsibility to resolve any
outstanding conditions with the respective governmental agencies;
and
(B) new assessments may be applicable to the property
that is the subject of the ADU Facilities Clearance Form."
SECTION 6. Chapter 8, Section 8-15.2 (Additional Dwelling Unit on
Residentially Zoned Lots), Kaua'i County Code 1987, as amended, is amended to read
as follows:
"(a) Notwithstanding other provisions to the contrary, for any
residentially zoned lot where only [one] one (1 ) [single family] single-famih
residential dwelling is permitted, [one] one (1) additional [single family]
single-family residential dwelling unit (attached or detached) may be developed,
provided:
(1) All applicable County requirements, not inconsistent with
[Sec.] Section 46-4(c), Hawai'i Revised Statutes and the County's zoning
5
provisions applicable to residential use are met, including, but not limited
to, building height, setback, maximum lot coverage, parking, and floor
area requirements.
(2) The provisions of this Subsection shall not apply to lots
developed under a project development, or other multi-family
development, or similar provisions where the aggregate number of
dwelling units for such development exceeds the density otherwise
allowed in the zoning district.
(3) For residentially zoned lots on which an additional dwelling
unit is developed, [no] guest house [under Sec. 8-4.3(a)(2) shall be allowed.]
allowances shall be governed b v Section 8-l.4(i). [An existing guest house
may be converted into a dwelling unit but no additional guest house may
be constructed.]
(4) The following public facilities are found adequate to service
the additional dwelling unit:
(A) Public sanitary sewers, an individual wastewater
system (or cesspool), or a private sanitary sewer system built to
County standards and approved by the Department of Health.
(B) For sewered areas, the availability and capability of a
public sewer system shall be confirmed in writing by the
Department of Public Works. The availability of a private sewer
system shall be confirmed in writing by the Department of Health.
(C) The availability of water shall be confirmed in writing
by the Department of Water.
(D) Approval in writing from the Kaua'i Fire Department
is required for all parcels.
(5) Facilities clearance may be obtained prior to application for
Building Permit. Forms for facilities clearance will be available from the
Building Division, Department of Public Works. The form, approved by
all agencies, shall be submitted with the Building Permit application.
Where complete plans and specifications are submitted for Building
Permit application processing, the submission of the Facilities Clearance
Form will be attached with the Building Permit and processed
concurrently.
(6) Nothing contained in this Section shall affect private
covenants or deed restrictions that prohibit the construction of a [ second
dwelling unit] s pecified number of dwellin g units on any residential lot.
The provisions of this Section shall be subject to the provisions of
Chapter 22, Kaua'i County Code 1987, as amended, Section 22-28.
Limiting or Prohibiting Long-Term Rentals, Additional Dwelling Units,
Additional Rental Units, and Guest Houses."
SECTION 7. If any provision of this Ordinance or application thereof to
any person or circumstance is held invalid, the invalidity does not affect the other
provisions or applications of this Ordinance that can be given effect without the
6
invalid provision or application, and to this end, the provisions of this Ordinance are
severable.
SECTION 8. Ordinance material to be repealed is bracketed. New
Ordinance material is underscored. When revising, compiling, or printing this
Ordinance for inclusion in the Kaua'i County Code 1987, as amended, the brackets,
bracketed material, and underscoring shall not be included.
SECTION 9. This Ordinance shall take effect upon its approval.
Introduced by:~
MEL RAPOZO
~J_Q ~ C»~
BILL DECOSTA
DATE OF INTRODUCTION:
September 11, 2024
Lihu'e, Kaua'i, Hawai'i
V:\BILLS\2022-2024 TERM\2024-467 , Bill Guest Houses Following Planning
Commission Review MR_BD _JA_mn.docx
7
CERTIFICATE OF THE COUNTY CLERK
I hereby certify that heretofore attached is a true and correct copy of
Bill No. 2933, which was passed on first reading and ordered to print by the Council of
the County ofKaua'i at its meeting held on September 11, 2024, by the following vote:
FOR PASSAGE:
AGAINST PASSAGE:
EXCUSED & NOT VOTING:
RECUSED & NOT VOTING:
Lihu'e, Hawai'i
September 11, 2024
Bulosan, Carvalho, Cowden, DeCosta,
Kagawa, Kuali'i, Rapozo
None
None
None
TOTAL-7,
TOTAL-0,
TOTAL-0,
TOTAL-0.
Jade K. Fountain-Tanigawa
County Clerk, County of Kaua'i