B&B bill gets council’s initial OK

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WAILUKU - A bill revising county laws on permits for bed-and-breakfast operations received initial approval Friday by the Maui County Council.

The proposed legislation would set a cap on the number of B&Bs allowed in each district, as well as establish a simpler permitting process and require "house rules" to minimize impact on neighbors. Council Member Gladys Baisa, who shepherded the bill as chairwoman of the council's Planning Committee, said the legislation was meant to find balance and compromise.

"This bill promotes locally based economic development," she said. "It also ensures neighborhood character is protected."

A second set of legislation, proposing regulations on vacation rentals that are not within the operator's home or property, has been referred to the next term of the Maui County Council.

"Bed-and-breakfasts" have an owner living on-site, while "vacation rentals" have an off-site manager or owner.

The council voted 6-0 to approve the bill on first reading, with Council Members Michelle Anderson, Joe Pontanilla and Chairman Riki Hokama excused. The legislation is expected to return to the council for second and final reading at its final scheduled meeting of the term on Dec. 19.

Under the legislation, the number of B&Bs in each district would be capped at 48 in Hana; 100 in South Maui; 40 Upcountry; 88 in Paia-Haiku,; 36 in Central Maui; and 88 in West Maui - for a total of 400 for the island.

Other provisions include:

=The owner of the B&B must live on the same property but could live in a separate house.

=B&Bs on Maui and Lanai could have up to six bedrooms, while operators on Molokai could have up to three rooms.

=B&Bs on agricultural lands larger than 5 acres must show at least $35,000 in farm revenue. But operators on smaller ag lots would only need to show that the lot had existed before Nov. 1 and that a farm plan was in place.

=B&Bs would have to enforce "house policies," including quiet hours from 9 p.m. to 8 a.m.; no amplified sound that can be heard off the property; and no on-street parking.

=Permits on Molokai and Lanai would be approved by the island planning commissions.

=On Maui, the planning director would have authority to approve most permits; certain cases, such as applications that have drawn protests from neighbors, would go to the Maui Planning Commission for approval.

=An initial B&B permit would be valid for three years; renewals would be valid for five years.

The council has been discussing regulations for vacation rentals for years. But it faced more pressure from the industry after Mayor Charmaine Tavares ordered the Planning Department to step up enforcement on unpermitted rentals at the beginning of this year. The Planning Committee started deliberating the latest draft of the bill in June, after the package of bills had been reviewed by the island planning commissions.

Some speakers on Friday still had concerns over the bill.

Pat Borge said the number of B&Bs allowed in rural areas was too high and suggested lower caps.

"We got resort areas for the tourists," he said. "To me, that's where they belong. But I'm not going to stop anyone from making a few bucks."

But Thomas Croly of the Maui Vacation Rental Association called the bill a "good compromise."

"(It) has helped us make a significant step towards ending the divisiveness about this issue," he said.

Ilima Loomis can be reached at iloomis@mauinews.com.