Bill 10 was introduced for First Reading on February 23, 2022 Agenda on page 15. Relating to use regulations. (Addressing the regulation of uses throughout Chapter 21, Revised Ordinances of Honolulu 1990 (“Land Use Ordinance”).
The proposed amendments are far-reaching. But it’s a very technical piece of document that covers 239 pages. Bill 10 (22) includes the following:
BILL 10 (2022) RELATING TO USE REGULATIONS. PART I. BRIEF SUMMARY BY SUBJECT MATTER
Transfer of development. The agreement running with the land for all donor and receiving zoning lots must remain in effect for a minimum of 60 years (instead of 30 years). Clarifies that for the transfer of development (floor area only) from a donor zoning lot with a historic site to a receiving zoning lot, or for the transfer of development (floor area or number of dwelling units only) from a donor zoning lot within the special management area to a receiving zoning lot, all other requirements and standards applicable to the receiving zoning lot and its underlying zoning district remain in effect.
What is the above proposed LUO amendment about?
Is the longer version below of “Transfer of development” easier to understand for the public?
Relating to ” Request for Amendments to Chapter 21, Revised Ordinances of Honolulu (ROH), 1990 Land Use Ordinance (LUO), Relating to Use Regulations”
This Monster Bill 10 at 239 pages has been been in the working since the days of Mayor Kirk Caldwell. DPP Katia.Balassianosaid that she also responded to questions at the Honolulu City Council Hearing on September 7, 2022.
But it hasn’t been our case.
We heard about the proposed changes to the City’s LUO being alluded to at the March 17, 2021 Planning Commission Hearing, I personally emailed DPP Katia.Balassiano on March 18, 2021 and did not received any response.
March 18, 2021
Choon James <choonjameshawaii@gmail.com>
Mar 18, 2021, 3:11 PM
to Katia.Balassiano,
Aloha Katia, I was at the Planning Commission Hearing yesterday. I heard your presentation premises about the industrial turbines distance setbacks, of which many of us don’t agree with. On a side note, you also mentioned that you were currently reviewing Oahu’s zoning designations as requested by the City Council. Could you kindly share with us that Resolution or Bill or communications to point us to the primary source. It would be very helpful to us as we’re just unpaid concerned citizens of Oahu. Mahalo! Choon James
293 8888
April 22, 2021 – I emailed again but no response from Katia.Balassiano again.
Choon James <choonjameshawaii@gmail.com>
Apr 22, 2021, 2:12 PM
to Katia.Balassiano
Aloha Katia, I’m trying to trace your presentation dialogue.Did you recall saying this? Any more info will behelpful. “On a side note, you also mentioned that you were currently reviewing Oahu’s zoning designationsas requested by the City Council. Could you kindly share with us that Resolution or Bill or communications to point us to the primary source.” Mahalo, Choon James
January 21, 2022
Two concurrent DEPT. COM 74 about Request for Amendments to Chapter 21 was sent to Tommy Waters, Honolulu City Council Chair. from the Blangiardi Administration and the Planning Commission.
It stated that the Planning Commission had their public hearings on November 24, 2021 and January 18, 2022 on the subject matter. It also stated that the public hearing hearing was closed on January 18, 2022.
Our bad. The first meeting was so close to Thanksgiving. And the second meeting was right after Christmas and New Year’s Day. I don’t usually keep track of the Planning Commission Hearings. I wonder who does.
One may wonder why this Monster Bill 10 did not begin at the Honolulu City Council first where there would be more public notice.
If the Mayor’s Request starts at the Planning Commission, the approval vote from the Honolulu City Council is 5 majority votes. However, if the request begins at the Honolulu City Council, the approval majority is 6 votes.
Mayor Kirk Caldwell use this same procedure for the Vacation Rental Bills.
Further reading into the beginnings of this Monster Bill 10 shows the intent and its organized procedure inside Honolulu Hale and at DPP.
I can’t see concerned citizens being easily able to track this Omnibus Monster Bill on their own outside of Honolulu Hale and the Planning Commission without some friendly assistance. Every City Council Hearing is also usually packed with many items.
Is there a way to be more public friendly and more helpful in informing the public?
Manipulating the social media has become an art form. I’m going to choose one television ad which is airing relentlessly on corporate TV programs here in Hawaii. These ads are very expensive to run. Obviously, only candidates with a big campaign money chest can afford this.
I will choose this one that touches Hawaii’s ongoing problems with housing. Watch this first – Green’s political ad about “affordable housing” problems.
Lt. Gov. Green’s huge promise is this: “Under no circumstances should any one have to leave Hawaii because they cannot afford a home.”
It’s truly very sad for sure. Billions of dollars have been allocated for housing through the years. Green has been at the State Capitol for 18 years.
Is Green exploiting the plight of residents?
How is Green going to promise a home for every one? He already owes so much to the construction corporations and lobbyists.
Let’s critique this for the sake of conversation and questioning political ads. Decide whether the candidate is honest about this housing issue.
We will critique the cinematography in this 30-seconds political ad.
“Cinematography, the art and technology of motion-picture photography. It involves such techniques as the general composition of a scene; the lighting of the set or location; the choice of cameras, lenses, filters, and film stock; the camera angle and movements; and the integration of any special effects.“
GREEN:“We have a housing crisis in the state of Hawaii, and I have a plan to do something about it. I will make historic investments to build affordable homes for working families so they can stay in Hawaii.”
Stage 1 – This campaign ad has chosen a good-looking couple with a child living in a small unit. They are saying it is very sad that they cannot afford to live in Hawaii.
The video moves to construction workers. There is an insert to lead you to his campaign website.
Another insert of action and activity. And again leading the viewers to Green’s campaign website.
The camera angle is now focused on the young mother’s sad face.
The camera angle moves to a close-up to show tears welling in this young mother’s eyes.
The camera then pulls a distance shot. Note the women are dressed in aloha mu’u mu’u wear. There are people of different ages and races.
This video ends with LG Green promising: “Under no circumstances should any one have to leave Hawaii because they cannot afford a home.”
Is Green manipulating and exploiting the plight and worries of our residents?
Are you moved to vote for him?
It’s just as interesting to read the comments in his Facebook page. The first comment is from a Top fan:
Top fan Peter YoungThis is a powerful commercial… congratulations. This is the true Josh Green… honest and caring!
Eberhart HaniWhat does this mean? You would have to build massive public housing blocs to make even the smallest dent. Is there a way to reduce the cost of building a new house? Can we go back to the single wall construction method of the past? So many of those houses are still standing and being enjoyed after decades of use since the sugar industry days. Would it be better to invest in and import lumber on a large scale? What about fast-tracking ADU’s? What about promoting tiny houses, container houses and yurts? What IS your plan?
Ann T. TutuGoing back to the days 30 years ago when there was some government support for small time landlords would be a great improvement because right now as it is with the landlord squatter’s code, There is absolutely no help whatsoever for the poor landlord who’s getting ripped off by a tenant who never pays anything. They know the system and it costs the landlord thousands of dollars to get rid of them and get some income coming again from me from the rental house. Frankly I’m tired of the government building the houses for the homeless let’s go back to the time when things were fair for landlords too.
I’m going to be following this Resolution 22-11 introduced by District 2 City Councilmember Heidi Tsuneyoshi and sharing my misgivings about this flawed process.
The February 23, 2022 Hearing was the second time Mr. Hopoate Taufa had participated at the Honolulu City Council proceedings. Watching the proceedings was quite chilling – an unsophisticated immigrant versus a smooth-talking politician who had no qualms engaging in disinformation.
The public testimony was conducted at the beginning of the council hearing. Local resident Ben Martin of Ko’olauloa of fifty years also opposed the Resolution. He has known Owner Taufa for thirty years. Perhaps his was sharpest rebuke against Tsuneyoshi’s actions:
“Judicial Foreclosure is drastic. It should be the last resort. And it should not be a way to resolve a problem. Miss Heidi Tsuneyoshi is the protagonist representing the complainants. I’m an attorney by profession. And she’s representing the complainants assuming like they are the victims. But also Pate is a victim of the DPP for the long delays of approving and helping him comply. “
Should the council member be objective and fair to all parties involved? She’s holding a public office and supported by all taxpayers of Oahu.
Martin highlighted the strikes against Owner Taufa. Although Tsuneyoshi should represent ALL of her constituents in solving a community problem, her actions showed her intentions to punish him with the biggest stick the city had – eminent domain.
This is not to say that neighbors cannot complain. Neighbors have the right to complain and address their concerns. Owner Taufa needs to fix his violations and be a good neighbor.
But a city council Resolution to seize private property through eminent domain is a drastic measure that requires careful study of over-arching issues and correct data. Based on my observations, there had been insufficient vetting done prior to this action being adopted.
To make this situation worse, Tsuneyoshi just announced that she was running for Republican nomination for Governor. Her platform – “servant leader,” “her love for the people of Hawaii,” “transparency and accountability in government,” contradicts her actions with her Resolution 22-11.
Tsuneyoshi did not think it was important to do an outreach to this immigrant family. Something as drastic as seizing private property requires a basic courtesy outreach to her constituents.
Tsuneyoshi did not even inform Owner Taufa of the Executive Matters and Legal Affairs (EMLA) Committee Meeting on February 8, 2022. It was the EMLA Chair Tupola from another District who offered that courtesy to Owner Taufa.
The video of the EMLA meeting showed Tsuneyoshi asking for a recess when Tupola announced that Owner Taufa would be coming online to explain himself.
Tsuneyoshi called for a quick recess upon hearing that. Why? Insiders said Tsuneyoshi was upset with the EMLA Chair that she was not told this ( getting Taufa online) was going to happen.
So, was Tsuneyoshi’s strategy to push through this Resolution 22-11 for Eminent Domain under the radar? Note there was no testimony at the EMLA Committee on February 8, 2022.
Honolulu City Council member Heidi Tsuneyoshi is rushing city legislation Resolution 22-011 for the Mayor and the Department of Planning and Permitting ( DPP) to impose “Judicial Foreclosure” on this private property owner. ( It started out as “eminent domain” but was quickly amended to “Judicial Foreclosure”).
I understand there are land-use violations by the owners. Yes, the owner must correct the violations. There is no question about that. Those who know also know that working with DPP takes time.
We need to remember that these past two years also suffered from COVID19 lockdowns and disruption. He has submitted applications to cure his violations. He’s been working with a hired engineer and an architect to cure the violations. Again, these actions take significant time. Processing permits takes time even before the COVID19 pandemic.
But if DPP is told to not issue him permits to cure his violations, it’s a Catch 22. It’s discrimination and retaliation. It’s Big Government wielding its Big Stick that undermines due process.
This is a hardworking immigrant owner from the Island of Tonga. I submit that the cultural differences and lack of understanding need to be part of the deliberations. I’ve recently talked with Hopoate and Annetta Taufa. They did not recognize or understand the severity of these hostile actions till just recently. So now they’re fighting for their land. Unfortunately, Annetta is also fighting literally for her life. She’s under hospice care in their home in Laie.
It’s wrong for Tsuneyoshi to push eminent domain or judicial foreclosure quickly on a small private property. Her actions are abusive and undermine private property rights. Tsuneyoshi has accused the owner of violating for five years to the other city council members and to the Honolulu Star Advertiser with a readership of about 147,959 weekdays 162,287 Sundays. But, the owners acquired this property on November 2019. That’s 2.5 years.
This private property taking is off to hostile and unfair start. Resolutions to seize private property must be carefully and correctly vetted with correct data and correct research. City Council members should be working with their constituents when they’re in trouble, not bully them with severe punishments so quickly. Our immigrant families may need extra help on many levels. Understanding Hawaii’s diversity and showing some compassion is in order, especially for legislators
SECTION 1. The legislature finds that flags flown from vehicles being operated or moved on streets cause distractions and create unsafe driving conditions. The purpose of this Act is to discourage unsafe practices.
This Bill was DEFERRED to Tuesday February 8, 2022 for the 3:05PM AGENDA. SB 1357 to prohibit flags display on vehicles on roads, etc. SCROLL TO 1:30 to hear the status: https://www.youtube.com/watch?v=Y_Puas70MFA
We can’t have government incrementally shutting down Free Speech and Civic Participation. Although the State Capitol is one of the most ventilated buildings in Honolulu, it’s still closed to the public. The public cannot hold signs inside its meeting places. And now this shutting down of flags flying.
The Senate Transportation Committee Chair Chris Lee said yesterday that the intent of Bill 1357 was not to infringe on First Amendment Rights. The State Department of Transportation (DOT) submitted an unsigned testimony that it had received “numerous complaints and inquiries from the public about flags and other materials that impair the visibility of other drivers on the road. As such, we support all efforts to eliminate these unnecessary distractions.”
I wonder if DOT also received complaints and enquires about other traffic concerns.
Bill 1357 is not compelling enough except to shut down displays of discontent and public dissension. We must protect Free Speech at all costs.
There are lots of distractions and unsafe driving conditions on the road – Loose dogs. Drunk driving. Driving in opposite directions. Tourist trolleys. Huge vehicles blocking our view planes. Sign Waving. Display of huge banners on buildings along roads and so on.
The item that is most distracting and affecting road safety is the POTHOLES!!
We’re forced to keep our eyes down on the road to avoid the potholes which are EVERYWHERE. Our tires blow out. Cars swerve to try to miss the potholes on busy streets. The underbelly of the vehicles are damaged. POTHOLES are the most dangerous and most distracting.
Hundreds of millions of dollars are spent but our roads have become more and more dangerous. We would like the Hawaii Senate to focus on this huge distraction. It’s time to require a warranty on the road roadwork and so on to promote road safety.
It’s ridiculous that every time it rains, more potholes appear. There is no reason why the state cannot expect basic workmanship for the hundreds of millions that are spent annually.
Please terminate SB 1357 – It’s treacherous to free speech and an open democracy. Focus on the real traffic safety and driving conditions.
The
City and County of Honolulu City Council adopted Bill 89 and Bill 85 on June
17, 2019 after many long and contentious hearings.
Honolulu
Mayor Kirk Caldwell signed Bill 89 into law on June 25, 2019. On July 3, the
City Council chose not to address Bill 85 Veto.
Here is the
information provided by the Department of Planning and Permitting:
June 21, 2019
City Department of Planning and Permitting
New
Regulations on Short-Term Rentals
Bill 89 CD2
was adopted by City Council on Monday, June 17. It is awaiting action by Mayor
Kirk Caldwell. Its main points:
_Allows a limited number of new Bed and Breakfast Homes
(B&B) in non-resort areas under a new registration process, with annual
renewal required.
_Continues to prohibit Transient Vacation Units, or
“unhosted” rentals, in non-resort areas, unless the dwelling has a
Nonconforming Use Certificate (NUC).
_Regulates hosting platforms, such as Expedia or Airbnb,
requiring monthly reports to be filed with the Department of Planning and
Permitting, which will share the information with City Council.
_Makes
illegal any form of advertising short-term rentals which are not in compliance
with zoning regulations as provided in Bill 89. Bill 89 CD2:
http://bit.ly/2Kt9Qu9
The following
Questions and Answers are based on the assumption that Bill 89 CD2 will shortly
be enacted into law.
ADVERTISING
I own an
unhosted, “whole house,” or Transient Vacation Unit. I pay taxes. Can I
continue to advertise online and in the local newspaper?
Only if the
dwelling has a NUC or is located in a resort district.
When will
the department start enforcing the new advertising restrictions?
Beginning
August 1, 2019.
What are
the fines for illegal advertising?
Owners of the
property involved in illegal advertising will be notified, and if the
advertisement is taken down in 7 days, no fine will be imposed for a first
offense. If not taken down within this deadline, fines of between $1,000 and
$10,000 can be imposed for each day the advertisement remains on display.
If the management company
for my property places an illegal ad, will the company get cited?
They may be cited, but Bill 89
CD2 says, “The burden of proof is on the owner of the subject real property to
establish that the property is not being used as a bed and breakfast home or
transient vacation unit or that the advertisement was placed without the
property owner’s knowledge or consent.”
REGISTRATION OF NEW BED AND
BREAKFAST HOMES
I have been operating a Bed
and Breakfast Home for several years. Do I still have to obtain a registration
number?
Yes, unless you have a NUC.
I only rent out my house for
more than 30 days at a time. Do I need to register?
No.
I only rent my house while
my family spends 2 weeks each year visiting family on the mainland. Do I need
to register? When can I register?
Registration will begin no
sooner than October 1, 2020.
Why do we have to wait more
than year to register?
The time is required for the
Department to develop more specific procedures for implementing Bill 89 CD2,
including the adoption of rules, and creating the software to help with
enforcement and the registration process. If necessary, it provides time to
acquire more staff and to train them.
What are the registration
requirements?
There are more than a dozen
requirements. Most notable:
_Applicants must be “natural persons,” and not an organization or company
_Applicants must have a home exemption granted under real property tax law
_There must be insurance coverage for bed and breakfast use
_The initial registration fee is $1,000. For annual renewals, the fee is $2,000
_No more than 2 bedrooms can be used for visitor accommodations
_Quiet hours must be observed between 10 pm and 8 am
_If part of a homeowners or apartment owners association, approval by that
association must be obtained
_Neighbors within 250 feet
must be given a phone number to contact to make complaints 24 hours a day
For the complete list of
requirements, refer to Bill 89 CD2: http://bit.ly/2Kt9Qu9 3
Are there other
requirements?
Density Limit.
No more than 0.5% of the total number of dwelling units in each regional
development plan area (DPA) can be used as B&Bs. Here are the limits by
area:
New B&Bs are not allowed in
the North Shore area, based on directives of the North Shore Sustainable
Communities Plan: http://bit.ly/2Y4QpLg
Condominium Limit. Up to 50% of
units in a condominium building may be allowed a B&B, subject to AOAO
approval.
Nontransferable. Registration
numbers are not transferable to another property, nor transferable to another
homeowner.
Separation Minimum. B&Bs
must be at least 1,000 feet from each other. This does not apply to units in
resort areas and NUCs.
Renewal Criteria. Noise and
other nuisance complaints can be grounds to deny renewal requests.
It is not yet determined. An
online registration process is anticipated, but certain requirements will have
to be verified; e.g. compliance with parking requirements.
If only a
limited number of registration numbers will be given out, how can I guarantee
to get one?
There is no
provision for guarantees.
How will it
be determined who gets a registration number?
Generally on
first-come, first-served basis. If the number of requests exceeds the limit for
a DPA, then a lottery will be held.
How will
the lottery system work?
This will be
fleshed out in the Rules. There will be a public hearing on the draft Rules
before they are finalized.
I am
currently operating a B&B, and do not have a NUC, so will need to register.
Will I get priority in the registration process?
No.
Can I
advertise and operate a short-term rental once I register?
No. To avoid a
citation, operation cannot occur until the registration process has been
completed and registration number issued.
MORE
INFORMATION
Note that
DPP has not mentioned about the property tax designation to “Resort”. It’s
unclear whether it would be based only on the two bedrooms of a home.
Not registered to vote? No Problem! REGISTER to vote here!
PETITIONS TO IMPEACH MAYOR KIRK CALDWELL
Persons of contact: Choon James 808 293 8888 Kapohuolahaina Moniz Pa Dave Moskowitz 203 8898 EMAIL: ImpeachMayorCaldwell2019@gmail.com
We are severely concerned with
the malfeasance, misfeasance, and non-feasance behavior that have been
happening at City Hall.
We have watched with horror the escalating
mismanagement and runaway costs of the mismanaged and outdated Honolulu Rail Transit
project. The Rail project was grossly under-estimated at $2.7 BILLION in 2006.
Today, it’s escalating to $10 Billion with unknown costs. Even the Operations
& Maintenance costs and ridership revenues are unknown. The Rail project is
now under federal investigations. There are relentless reports of mismanagement
and fiscal mishaps about the rail but Mayor Caldwell acts oblivious to them.
Consequently, core services are being undermined while
our taxes and fees are escalating. GET/property taxes have increased. “Residential
A” property taxes for local landlords who provide services to long-term renters
have tripled, triggering rent increases. Other fees like vehicle registrations,
sewer and water fees have increased. Our mainstream residents are struggling
with these escalating costs of living.
The last two years had more Hawaii residents LEAVING,
due mostly to “high costs of living”. We’re being priced out of our house and
home.
The list of Mayor Caldwell’s arrogance, corruption,
and mismanagement includes, but not limited to, the following: The independent
Ethics Commission Director Mr. Chuck Totto was ousted. The former Honolulu
Police Chief Louis Kealoha is on trial at the federal courts. The Mayor’s chief
Corporation Counsel Donna Leong is on paid leave, related to the Kealoha federal investigations. The city’s
Prosecutor is being investigated and on paid leave.
Homelessness, crime, environmental degradation,
monster homes, violations of residents’ civil rights, violations of state and
US Constitution that force the city to pay for settlement awards, abuse of the
Community Development Block Grants and so on. Mayor Caldwell is not responding
to severe land-use and planning concerns relating to, but not limited to, the
Ala Moana Regional Beach Park, the Sherwood Forest Beach Park in Waimanalo. The
cries of residents to have basic clean and well-managed beach parks and other
public facilities in ALL parts of Oahu are ignored.
Every day, we see the Mayor’s bad behavior and we feel
angry but helpless. We see our beloved island worsening. We see ourselves being
forced to pay the price for his bad management and bad decisions.
We cannot afford to give Mayor Caldwell any more time
to further destroy our island and price us out of our homes and island.
Today, we’re taking a stand and rising up. We need and
want new leadership of honesty and transparency and putting RESIDENTS FIRST!
We want fairness, even application of the law and
city’s funds across Oahu.
We want to do away with political “pay to play” games
at the taxpayers’ expense.
We want our neighborhoods to be clean and safe.
We want to
protect Oahu’s overarching environment, sustainability, safety, and prosperity
for our children and their future.
We want to live in our beautiful island and not be priced
out!
We want to take our government back!!!
Please
kokua. Stand up and be counted! Please sign the petition to impeach Mayor
Caldwell to send him a message that we’re not happy with the direction Oahu is
heading! Mahalo!
Oahu has one of the most expensive housing markets in the country. What specific proposals do you have to make housing more affordable?
Concentrate on true affordable rentals first.
However, placing time limits on affordable rentals with developers is kicking the can down the road. Housing affordability will only get worse in time.
I would check and see how many properties are owned by the city, state and federal and go on from there.
Singapore provided affordable rentals tied to a percentage of the tenants’ income.
It’s been estimated that it would take a 3.19 fireman, a 3.6 school teacher, or a 5.2 hotel clerk salary to afford a medium priced home in Oahu.
We don’t just have a housing issue; we have an income issue.
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