Bed-and-breakfast bill gets final approval

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WAILUKU - To a round of applause, the Maui County Council gave final approval Friday to a bill that revises county laws on permits for bed-and-breakfast operations.

If signed into law by Mayor Charmaine Tavares, the legislation would set a cap on the number of B&Bs allowed in each district, as well as establish a simplified permitting process and impose rules to minimize visitor impacts on neighbors.

After the council's action, Tavares issued a statement commending council members for their work "on this important piece of legislation that will create a new law for our county."

"The amount of scrutiny and public input this bill has received illustrates the importance of how much our community values being part of a public process that creates laws," Tavares said.

Council Member Gladys Baisa had shepherded the bill as chairwoman of the council's Planning Committee. She was traveling out of state and was excused from Friday's meeting.

Council Members Jo Anne Johnson, Riki Hokama, Mike Molina, Mike Victorino, Danny Mateo, Joe Pontanilla and Bill Medeiros voted yes. Council Member Michelle Anderson voted no.

"What is the total impact that this will have on our community?" Anderson asked. "I think that revisiting this later to fix anything that isn't working is going to be too late."

Anderson said the county shouldn't give people entitlements and then take their livelihood away.

Johnson said the legislation was meant to be a compromise.

"There were gaps and holes," Johnson said. "This is best we could do under the circumstances."

Medeiros said the council Planning Committee intends to review the ordinance in a year and address any concerns that may come up.

Next year, the new council will take up a second set of bills to revamp regulations on transient vacation rentals, which are not within the operator's home or property. B&Bs have an owner living on-site, while "vacation rentals" have an off-site manager or owner.

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

Other provisions include:

* The owner of a 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 annual farm revenue. But operators on smaller agricultural 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.

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

* 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.

On Friday, Planning Director Jeff Hunt said each B&B applicant will need to acquire a state special use permit in order to operate a B&B in an agricultural zone.

The council has been discussing regulations for vacation rentals for years. But it faced intense pressure from the industry after 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 three island planning commissions.

Aside from passage of the bed-and-breakfast measure, Friday's meeting also marked the last meeting for Anderson and Hokama.

Anderson is leaving the council after two terms to care for a sick relative on the Mainland. Meanwhile, Hokama must step down after 10 consecutive years in office because of term limits. He has said he intends to run again for his Lanai residency seat in two years.

Both Anderson and Hokama were draped in lei during Friday's meeting and given resolutions of appreciation.

* Chris Hamilton can be reached at chamilton@mauinews.com.