PSLU-69 CC 21-140 AMENDING CHAPTERS 19.35, 19.64, AND 19.65, MAUI COUNTY CODE, RELATING TO ACCESSORY DWELLING, BED AND BREAKFAST HOME, AND SHORT-TERM RENTAL HOME PERMITS (PSLU-69)
Yes, thanks….It is so frustrating that the County continues with the attack. There are never registered complaints from neighbors that are mentioned in these proceedings???? To my knowledge, nearly everyone is in completely compliant. The County is so reliant on our huge tax contributions,..
Dear Committee Chair Tamara Paltin and Planning and Sustainable Land Use Committee Members,
Thank you for the opportunity to submit testimony. I am writing in regards to PSLU item 69. I support STRH and B&B Ordinance Amendments only if there are no changes made to Section 13.
I have been a Short Term Rental Home Owner and Manager for 8 years now. We did not short term rent our home prior to getting our permit, nor during the permit process. It took us over 13 months to obtain our permit, during which time our home remained vacant. Should our permit not be approved in the future, we will not be long term renting our home, thus, our rental property is not taking away from housing needs in our community. It is a family owned home, and will be used for our family, all of whom were either born and raised here, or resided in Hawaii for over 60 years. Also to note, a luxury home is not what most hospitality workers are looking to rent. When I worked at Kimo’s for 7 years and hotels for another 10, I was saving every penny I made and not living in a luxury home way beyond my means.
I am very fortunate to reside next door to our STRH on a CPR’d property. As the manager of the rental home, I am readily available at a moment’s notice, and can assist guests most often within the hour should they have a concern or need. My proximity also allows me to monitor noise levels of guests. In all honesty, when a guest is paying anywhere from $1200 to $1600 per night with a $1500 Damage Deposit, we attract very respectful guests, and all of whom would like to receive their Damage Deposit upon check out. We make our House Rules very clear on our Rental Platform website (VRBO, Air BnB), again in our Rental Agreement, and at the home in our Welcome Book, fliers, and prominently displayed at our front door in a frame. This is not only because we don’t want any complaints that could jeopardize our permit, but moreover, out of TOTAL respect for our neighbors and neighborhood that we love and cherish ourselves. There are homes in our neighborhood with long term renters that have more traffic and noise than any home with young kids and a new drum set. I am proud to say that in our 8 years of operating, we have never received a single complaint from any of our neighbors, and in fact, they support our rental home business. I’d also add that I have achieved 84 – 5 start reviews from our guests on VRBO, and almost all of them mention that as a manager, I was very responsive and available. Apparently I enjoy my job, I take it very seriously, and would very much like to keep it. As a single mother, this is my main source of income.
As an STRH manager I may wear a lot of different hats and take on different tasks from accounting, to fixing leaking toilets, to most importantly, making sure I maintain our permit. I strictly follow County rules and guidelines for STRH permit holders, enforce our House Rules, display our permit, TMK and permit numbers on all forms of advertisement, and do what is necessary to adhere to all rules set forth for permit holders.
I would also like to mention all of the small businesses that I employ in order to run our rental home, and maintain the property and building. Our cleaners are essential to our success, and have been given a raise since we re-opened in October, 2020. Our cleaning protocols have changed due to Covid and I saw fit to make sure our cleaners knew that I value their personal safety and hard work. Our property is approximately 2 acres and requires weekly Landscape services. Aside from our regularly scheduled gardeners, I hire tree trimmers every 6-8 months, a coconut tree trimming services every 5 months, and often have frequent irrigation repairs. We have weekly pool service from an awesome family owned business in Lahaina, and over the years, they have also assisted with repairing and installing new pool equipment, or troubleshooting a pool issue a guest may have that is out of my scope. I send my AC service technician a Christmas card every year, so that should give you a good idea of how thankful I am that he comes to service our AC units so often throughout the year, and over a course of 8 years. We’ve also hired handy persons to assist with sanding and staining parts of our home every 2 years, or a small business to tint our windows, paint our home, refinish our floors, power-wash our driveway, repair minor plumbing issues, etc. Any home owner knows that there’s a lot of maintenance that always needs to be done, but with a rental property there’s even more to upkeep, and in doing so, I always try to utilize small family owned and operated business to support. It goes without saying that if we were no longer operating as a short term rental home, than we would no longer be utilizing these services.
Lastly, I would like to point out that we pay our GET and TAT taxes monthly. So far for 2021, from January through July, we have paid in total, $20,974 in TAT tax and $9177 in GET tax. Our Property Tax for the year of 2021, in total is $20,563. I reside next door on a separate property, albeit in a smaller home, but in comparison my Real Property Tax is only $2860. After 2020 having such a devastating loss to the State of Hawaii’s economy due to Covid, and loss of taxes generated, I would think that the County and State would very much support small businesses that bring in so much tax revenue.
Thank you for your time and consideration.
Dear Committee Chair Tamara Paltin and Planning and Sustainable Land Use Committee Members,
Mahalo for the opportunity to submit testimony. Since October of 2020, Entabeni Cottage, a permitted B & B in the Hana area, has been able to get back on its feet and is providing visitors and local guests with an environmentally sustainable experience on our farm. We have been able to recuperate from a financially disastrous year while being shut down by the Covid-19 limitations implemented in March of 2020. Because our B&B is our second bedroom on our farm, we are not taking a long term rental off the table. It was never a "long term" option.
We are able to provide weekly work for a Hana resident who assists us with maintenance and cleaning and is no longer collecting unemployment.
We are on 6.25 acres and our cottage guests have never been a problem for us or our neighbors on farms around us. We have had solid 5 star reviews from every guest who has rated us, many telling us that it is the most peaceful and comfortable and beautiful place they have ever stayed. Thank you for your confirmation in Section 13 which will allow us to continue providing a memorable experience for our guests.
Hana is a popular destination that needs to have STR’s and B & B’s to offer as an alternative to the Hana Maui Resort’s high end rates. We thank you for allowing us to do just that. Section 13 will permit us to continue living on our farm, providing food to our community each week at the Hana Farmers Market, and sharing the mana’o of the land with others.
Mahalo,
Michael & Terry Kristiansen,
Proprietors Entabeni Cottage
370 Hana Hwy. (Mile Marker 26)
Nahiku, Hana, HI 96713
Aloha Tamara Paltin and all Members of the County Planning and Sustainable Land Use Committee:
First of all I would sincerely like to take this time to thank you for all your caring and support of my small bed and breakfast business. I am so very happy and proud and I work very hard to represent you. I have been a Maui resident for over 50 years and I have a deep love and respect for our Aina. My children were born here over 45 years ago and I am grateful every day to be here. I consider it such a blessing and a privilege to be able to open my home to travelers and local families alike, So many of our local families have relatives from the outer islands who need a place to stay for their friends and families when visiting Maui and I am so grateful to be able to support them . I am always very concerned that our neighbors are happy and I always make sure at all times that our visitors are following our house rules. I send the rules out when people first book and go over them again when they arrive to make sure they understand the rules and in over the 4 years I have been doing our B&B I have never had one complaint from any of my neighbors I always make sure that our visitors are respectful and quiet. I also feel that we are helping local businesses by providing our visitors with nearby restaurants and supporting all the local businesses. I have had the privilege of meeting so many wonderful families from the outer Islands that I would’ve never met any other way. As a permit holder I am a legal legitimate Bed and Breakfast business and I comply with all the county regulations in order to participate, also my small business supports the Maui Countywide policy plan as a homebased business that is appropriate and in character with our community, and by supporting my permit I am supporting the objective in the county wide policy plan to encourage resident ownership of visitor related businesses thank you again for supporting me and helping me to provide a place to stay for visitors and local families alike and I do support these ordinance amendments, as long as they do not change section 13. Thank you again for your support of my small business and I know that fulfills The need to support our local families and visitors and I sincerely ask for your support by keeping section 13 the way that it exists now Mahalo🌈
Jackie Cummings
Haiku Garden Cottages
BBPH 2017/0002
Tamara Paltin, Chair
Maui County Planning and Sustainable Land Use Committee
200 South High Street
Wailuku HI 96793
Dear Committee Chair Tamara Paltin and Planning and Sustainable Land Use Committee Members, my name is Todd Goldner. I am a permit holder for my BNB (permit # BBMP 2018/0001). My Bed and Breakfast creates jobs in the area and also tends to the needs of the local residents by creating housing for the visiting family and friends of the people who live in the neighborhood. 80% of my revenue comes from those guests. As a permit holder I comply with all the county regulations and my guests are also informed of all the rules and regulations as well. I have never had any complaints and my neighbors have ended up being very friendly towards my guests. Mahalo, Todd Goldner
I support PSLU item 69, if no changes to section 13
Hello, and I hope you and your families are staying safe and healthy!
Mahalo for the opportunity to submit testimony on PSLU item 69. I support this proposal so long as there is no change Section 13 (which allows existing permitted STRH to continue to operate and to renew their permits).
My family owns a STRH that is used by our extended family and rented to vacationers. We attract visitors to Maui by offering private vacation accommodations (3 bedroom house, a full kitchen, laundry, an ‘ohana, a private pool and hot tub, and ocean access) that are different from a resort hotel. Many of our guests visit for a special family occasion and actively seek out the privacy and independence that a rental home provides. If STRH’s are phased out, these guests will go somewhere other than Maui. This home would not affordable to rent long term, so it does not negatively impact local access to affordable housing.
Our guests positively contribute to the local economy when they visit Maui. They support local shops and farmer’s markets, attend Luaus, go on cruises, tours, and whale watching trips, and rent snorkel gear. They take surf lessons, hire yoga instructors, and have spa days. They frequent restaurants or hire private chefs to prepare special dinners at our home.
Our STRH further supports the local economy by hiring local housekeepers, window cleaners, pool cleaners, landscapers, plumbers, a/c technicians, repair technicians etc. as we must keep our property in pristine condition in order to remain competitive. If we cannot rent our home as a STRH, we will no longer be able to support these local workers.
Our STRH complies with all local regulations, is supported by our neighbors, and has no complaints. Our property is taxed at a much higher rate than most properties in Maui County because it is a vacation rental. If STRH’s are phased out, our property tax rate will revert to a lower rate. We also pay monthly TAT and GET taxes which are also significant—14.25% for each rental. This can total up to $10,000 per month to reinvest in the local community.
The STRH program contributes much to Maui’s economy. It is an asset that was thoughtfully and thoroughly considered, took many years to develop and provides so much value to our community. We are hopeful that the STRH program is allowed to continue to benefit Maui.
Thank you, and wishing you all the best,
Kjelsey Fortun
Mahalo for the opportunity to submit testimony.
Greetings to each of you,
Our Home is located on a private, gated street, of ten homes in West Maui.
A number of our homes are and have been licensed as STVR's for many years.
We have always found mutual cooperation between our friends and neighbors and cannot recall one issue that has created a problem for any home or neighbor, ever.
We support regulation and oversight and particularly PSLU item 69 WITHOUT any change.
We appreciate the importance of sound legislation and also the importance of making private homes available to families and friends who wish to be together in a warm and safe environment while in Paradise.
Thank you for supporting our community and working with all of us who are private homeowners who selectively share our homes with families and friends who can enjoy a wonderful aloha experience while in Maui.
Thank you for your support for all of us who work together with you to make Maui a destination of desire and delight.
Sincerely,
Linda and Miles Barber
Homeowners since 1986.
Aloha Community Leaders and fellow Maui residents,
Mahalo for the opportunity to submit my testimony. I grew up on Oahu and moved to Maui to start my life as a young man of twenty-four years old in 1984 after graduating the University of Hawaii. I worked hard as a waiter and eventually went into business for myself. I was one of the fortunate ones to have worked hard, smart, and purchase a home. I raised my family in the home that is now our vacation rental. Our 4500 square foot home that once had utility for eight of us including my father, no longer was necessary for just my wife and I by the end of 2017, sadly, it became just the two of us. Having grown up in the Islands, I knew it would be important to keep our home so that we would have a place to reunite as a family on at least two or three occasions a year. Having had the opportunity to make our home a vacation home has allowed us to afford a smaller rental, help pay for our children’s education, and has blessed us with a place for our family to share as a home together on special occasions.
I was one of three Kaanapali Vista neighbors who were instrumental in developing the Kaanapali Roadway Association long before our home became a vacation home. I take great pride in our neighborhood, and have worked hard to keep our small community a safe and peaceful place to reside. Prior to submitting for my vacation permit, I had in person conversations with nearly every one of my neighbors on my street. Some of my neighbors homes here on Holomakani Pl were second residences so I spoke with those neighbors by phone. I received a letter of support from every neighbor on my street with the exception of one neighbor, I unable to contact him.
We have done a superb job maintaining a peaceful existence between our neighbors and our guests. We follow all the County rules, and we make absolutely certain our guests abide by them. The are other Vacation rentals a B&B operators in our neighborhood, and ALL of them do an exceptional job to ensure that the neighborhood is peaceful. My wife and I actually rent the upstairs of a home directly next door to our rental (42 Holomakani Pl). This home like many homes Maui, are split-up into multiple rentals as there are so few families looking for five bedroom homes. There are three rentals in the home we rent, and that means there are as many as six vehicles that require parking at any given time. With just two parking spaces in the driveway, there are four or more vehicles that must park in our mall cul-de-sac. We are very fortunate that 41 Holomakani Pl is a vacation rental or there would be no parking available. When we resided at 41 Holomakani, there were always as many as eight vehicles, and when we had guests, there were many more. It has been a Godsend for our neighborhood that our old residence is only allowed to park vehicles in the driveway.
We support these above mentioned ordinance amendments that ensure current permit holders are able renew existing permits under rules and zoning regulations in place when they originally got their permits as long as there are no changes to section 13. We believe it would be very unfair to existing permit holders to refuse renewal of permits for STRH holders who are compliant with county rules and laws and have a history of being responsible operators.
Mahalo,
Steven G Gatchell
Steven G Gatchell REALTOR
Maui Life Realty BIC
Owner Summit Residence
TA-038-779-9040-01
I am the owner of a home in Olinda currently being used as a STRH. This is our long time family residence and we found we needed additional income to maintain the house and property, pay taxes, etc. The family also uses the home for extended periods so we could not use it has a long term rental.
We hold a permit and comply with all regulations. House rules are available and enforced. We are pleased to say we have had no complaints from our neighbors. Makawao is our home town and we and our guests support the businesses there. I support the Maui County-wide Policy Plan.
I support your ordinance amendments on the condition that Section 13 is not altered. To do so would create undo hardship and would be blatantly unfair.
Thank you for this opportunity to give my input.
Sterling Church
Dear Committee Chair Tamara Paltin and Planning and Sustainable Land Use Committee Members,
Mahalo for the opportunity to submit testimony. I'm writing in support of PLSU item 69, but only if there are no changes to section 13. I have attended and participated in many of the meetings that have taken place over the last couple of years, and believe that the current plan strikes a balance and protects the interests of neighborhoods and law-abiding STRH permit holders as well.
As a long-time permit holder, I have gone above and beyond to make sure my neighbors are happy, and that any concerns they might have are addressed immediately. The street that my house resides on is a private enclave of larger but older homes on the Kaanapali hillside, which are accessed via a neighborhood-owned access street that has been neglected for decades, due to the defunct HOA, which has left it riddled with potholes and other safety hazards. Spearheaded by myself and with the support of a few of the other permit holders residing on the same street, we are actively working with local contractors to repair or preferably replace the existing street and gutter system, and maintain it going forward. The current proposal for replacement is north of $120,000. The majority of this bill will be paid for by the owners of legally permitted vacation rental homes. This is just one small example of how vacation rentals can greatly benefit the neighborhoods they reside in. I have spoken with many of the owners on my street, and they are all thankful that someone is working to improve their neighborhood. I have great relationships with my neighbors, and they have my private cell number, but rarely call it for reasons related to the vacation rental. It's more to talk about the neighborhood, the condition of the street, or to say they're in town and see if I want to get together for a cocktail or dinner. I am not aware of any complaints filed against my property. My management team and I take the rules and the laws governing vacation rentals very seriously. Every guest is met in person, and a verbal education as to what is allowed, in conjunction with signing agreements acknowledging their understanding.
Tourists who visit the island are looking for an experience. Providing that experience requires an army of small businesses to meet their expectations. My single vacation rental is partly responsible for providing good-paying jobs for at least 40-50 local Maui residents in any given year. Whether it be the management, cleaning, landscaping, painters, contractors, appliance repair, utility workers, suppliers, various routine maintenance workers, caterers, concierge's, not to mention all the local businesses that the guests use all over the island.
In closing, I fully support the reasons for having permits, having caps, and ensuring that the rules are followed. There are always few bad eggs, and they should be dealt with, without punishing those who actually do good for their neighborhoods and the community at large.
Dear Committee Chair Tamara Paltin and Planning and Sustainable Land Use Committee Members,
My name is linda gallagher and i am the owner of the gingerbread and green turtle houses at 19 aolani place in kuau. My permit number is #2017 0001. I also own the 2 other properties right next door and have 14 lovely long term tenants who have been consistently paying rent through covid, are all happy tenants. I have also had long term tenants in my vacation rentals since covid, and plan to resume business in late October. Before covid times, my vacation rentals have been running smoothly, never a complaint from a neighbor, I am fully supported by my community, and I give back when ever i can. I am asking for section 13 of the new vacation rental rules to be kept in tact as i have been compliant with all the previous rules for many years, pay my GE and TAT taxes diligintly, and do not want my business to be compromised in any way in the near future. Thank you for your understanding, and thoughtful consideration.
Respectfully,
Linda Gallagher, Owner
Dear Committee Chair Tamara Paltin and Planning and Sustainable Land Use Committee Members:
Respectfully urging you to SUPPORT the PSLU Item 69, especially including Section 13 as-drafted.
The County should continue to allow owner/operators of legally licensed B&Bs to renew their licenses under the same zoning and administrative rules in effect at the time of original license approval.
Fair and reasonable application of the Maui County ordinances acknowledge that the owner/operators of existing legally licensed B&Bs are the ones “doing things right” and “playing by the rules”. Section 13 encourages that compliance.
B&Bs continue to be a valuable economic resource contributing to Maui County.
Our Haiku B&B is well-regarded and in-keeping with the character of our neighborhood. There have been no complaints filed during our three years of operation. Neighbors often comment that had they not been told our B&B was here, they’d have not known about us; meaning no noise, traffic, or other disturbance to the neighborhood.
Indeed, we are seen as a neighborhood resource. When neighbors do not have the space in their own homes to accommodate their visitors, we’re here as a convenient nearby accommodation.
We hire and pay fairly our B&B landscapers, trades people, and housekeepers. Our housekeepers tell us that the regular business from B&Bs and TVRs is very important to them. One is working her way through nursing school.
We always inform our guests of our House Rules, and we make sure they are followed; especially the anti-nuisance rules such as required off-street parking, no noise, and no group gatherings.
Our B&B is a home business that is in-keeping with the Maui Countywide Policy Plan encouraging resident ownership of visitor-related businesses. In fact, licensed B&Bs are the archetypical example of such a business because a licensed B&B must be owner-operated. And of course we are most definitely visitor-related.
As the Council proceeds with the current policy of eliminating TVRs, please be mindful of this: every TVR that is eliminated results in the permanent loss to Maui of the economic impact that TVR provided.
That’s because a Visitor wishing to rent an AirBnB will NOT simply switch to a condo high-rise resort-type accommodation; that Visitor does not want the resort vacation experience. If there is no AirBnB for her on Maui, that visitor will be lost to someplace that is more AirBnB-friendly; perhaps to another Hawaii county, or to a destination other than the State of Hawaii.
Either way, the lost TVR means permanent lost economic impact for Maui County.
Mahalo for the opportunity to submit testimony, and for your continued recognition that the legally licensed vacation rental industry is GOOD for Maui.
Robert & Stephanie Oswald, Hosts and Owners
Tranquil Palms B&B
BBPH 2018-0002
I'm a legally permitted STRH permit holder that lives here on Maui. My small business supports my family of five. I worked hard to obtain the permit that I have now had since 2013.
I have checked in every guest that has rented my property. I also service the swimming pool and spa twice a week, so I'm very hands on, and available to spot any issues with guests, and also available 24 hours by phone or text as the manager. I have operated without any neighbor complaints all eight years. My neighbors support me, my business, and celebrate how well I maintain the property.
I feel every 3-4 months I have to fight for my business that operates legally with no complaints, pays taxes, and is not hurting anyone, just like a well run restaurant or flower shop. We are always under scrutiny that seems unfair and wrong. I can only support these ordinance amendments as long as you all do not change section 13. It would not be fair to existing permit holders, such as myself, to pull the rug out from us after working so hard to build a viable small business supporting our families and employees we support on our staff.
Small businesses should be celebrated, especially if they are locally owned and creating much needed tax money for our community!
We are hard working folks trying to support our families here on Maui, one of the most expensive places to live! I'd like my kids to be able to inherit our property and not have to sell my house to a wealthy buyer.
PLEASE BE SUPPORTIVE OF THESE SMALL BUSINESSES!
Mahalo for your Kokua,
Amy Bond Ramos
Voter, Mother of 3, and small business owner
Kihei Oasis LLC
Permit STKM 20130014
808-870-4715
Mahalo for the opportunity to submit testimony. My name is Otto Horen, I am 67 years old. I have lived in Hana for the last 36 years. My wife and I have a permitted vacation rental That our daughter manages for us for well over the last 10 or so years. This rental is part of our retirement plan as we have been self employed for the last 25 years and have no pensions plans like most.
We employ a local landscape business to do the yard and landscaping, local girls to clean, painters and maintaince people, and other people in Hana to take care and maintain our cottage. Not only that, but we donate nights stay to fundraisers for local causes, and it is available to people of Hana for their families that come here for funerals, graduations, luaus and the such. We are in a quiet part of Hana and in a subdivision of 8 parcels. We have never had a compliant and as a matter of fact, have rented to two of our neighbors so their visiting families could stay close to them.
We would ask that you do not change the zoning laws to where we would not be able to obtain a permit to have our vacation rental or be able to re-up our existing permit. If we cannot rent our rental, it would cause a hardship on not just my family and I, but all the people who work on the place as well. Thank you for your time to read this.
Mahalo
Thank you for allowing this method to provide comments. In short, I really think that the “accessory dwelling” should not be allowed to be used as a vacation rental. Please do not allow what is typically our lowest cost housing options for our local residents to rent, to be removed from this long term rental pool. If you allow the accessory dwelling to be used as a vacation rental, you are just further making it harder for our residents to find affordable rental homes.
Below, I’ve identified specific code sections that I’m talking about.
19.35.010.D and E (B&B):
Please do not change this to allow any “accessory dwelling” to be used for short term occupancy. This accessory dwelling code section was last changed to specifically not allow short term occupancy of any accessory dwelling. This was done and supported by the council and planning commissions in an effort to preserve the accessory dwelling for long term occupancy (meaning for our residence who live here all year long). The accessory dwellings are the smaller dwellings on a lot and they tend to be the lower priced dwellings available to the local residents to rent (please do allow these to be removed from being available for our residents). The accessory dwelling really should be reserved for our long term residences. The cost of rent has gone crazy and if you allow the accessory dwelling to be converted from long term to short term such as this proposed revision will allow; this will (1) remove available housing for our residents to live in, and (2) it will remove the lowest cost housing for our residents, and (3) ultimately increase the housing that is left for our residents to choose from. PLEASE, if you care about our residence who struggle to pay these high rental prices, please do not let this section of the code be changed to allow any accessory dwelling to be used as a vacation rental. Regardless of what you call it, any Bed & Breakfast, Short Term Rental Home, or Transient Vacation Rental; these are all forms of “vacation rental” and are not available for our residents to rent or live in.
19.64.030.A:
This section only allows B&B’s to be located “… in no more than two single-family dwelling units per lot.”
Notice that the above does not allow for an “accessory dwelling” to be used as a B&B. 19.04.040 has different definitions for a “single-family dwelling” and an “accessory dwelling” (see definitions below). Therefore, by definition, a single family dwelling is not an accessory dwelling and an accessory dwelling is not a single family dwelling. This means that this section 19.64.030.A already does not allow for any B&B to be located in any accessory dwelling. Please keep it this way.
19.64.030.N (B&B):
The 5-year restriction (for Molokai and Lani) is good towards preventing someone from buying a property with the intent of immediately applying for a B&B (according to the description this is intended to “…reduce speculation and encourage a connection to the neighborhood…”. Maui should have this same restriction! Why would you want to allow this speculation and not encourage a connection to the neighborhood on the island of Maui. Please amend this section to include ALL the islands of Maui County.
19.65.030 (short term rental home):
If this revision will limit a “short-term rental home” to be located in only one “single-family dwelling”. Keep in mind, as it is currently defined in 19.04.040, an “accessory dwelling” is not a “single-family home” and therefore, cannot be used as a “short-term rental home”. This is good. Again, please do not allow any accessory dwelling’s to be used as short-term rental home (vacation rentals).
19.04.040: (existing definitions showing that a “single family dwelling” is not the same as an “accessory dwelling):
Dwelling, single-family. "Single-family dwelling unit" means a building consisting of only one dwelling unit designed for or occupied exclusively by one family.
"Accessory dwelling" means an attached or detached dwelling unit which is incidental or subordinate to the main or principal dwelling on a lot.
Thank you for considering hard working residence who need affordable places to live. Please do not approving the changes to these sections which would allow an accessory dwelling to be used as a vacation rental and ultimately take away the lowest cost housing choices for our residents to rent.
If item 13 does not change I can support PLSU 69 CC 21-140 which allows existing B&B and STRH to continue operating and the ability to renew under zoning restrictions which were in effect when originally permitted.
One of the county goals is to have resident small business owners serve and benefit from the visitor industry. As a small business owner I hire and depend on other small business owners for repairs, maintenance, cleaning and improvements. My vacation rental, STRH 2015-0002, has a 49.5 star rating with 75 5-star reviews. Guests are greeted at each arrival, house and county rules are explained, guests are familiarized with the home, and local information shared. My wonderful long term neighbors have never complained. Many of our guests are Maui families and inter-island families.
The vacation rental enabled me to lower rent for the long term tenant. I now have a reliable stable long term farm worker. We have been a farm for more than 30 years and with the vacation rental I have expanded the farm, been able to support myself, provide food and income for residents, and am able to pay increased taxes which helps support housing on Maui.
Thank you for the opportunity to provide testimony. A big mahalo for listening and making additional changes due to past testimony. We take pride in our business, being self-sufficient, and contributing to our island community.
My wife and I own a house in Kihei which we purchased in 2013 as our retirement home. We rent it out as a vacation rental for the times that we are not on island. We have good relationships with our neighbors and they support us when we are not there. We find that having short term rentals to be a good way to make sure our house is well maintained and occupied year round.
We are not absentee landlords. We love our Maui ohana and will continue to be active in our community.
I have heard testimony from others on how some of the vacation rentals have unruly guests. We put in a lot of effort to prevent that. We ensure that our guests are fully aware of our house rules. Each guest 18 and over must sign the rental agreement which clearly states our expectations.
Most of our guests are mutigenerational families who appreciate the opportunity to stay together in a single family home with all the conveniences of home and frankly better prices than a hotel. It is easy to understand how the hotel industry might feel threatened by such an attractive accommodation option.
It goes without saying that we hire local people to keep our house well maintained and pay competitive, living wages for their services. We are constantly improving our house and therefore the neighborhood in general.
Eliminating our permit will not add more housing for Maui. It is still our home where we love to spend as much time as we can and will never be a long term rental.
We have been following the rules, paying taxes, and been good neighbors from the beginning. We have also invested more into our home with the expectation that if we continue to follow the rules, we will be able to pay for these upgrades. I believe that if we hold up our end of the deal that Maui County should hold theirs, which is why we support PSLU item 69, if there are no changes to section 13.
I support this because it would help with jobs for our local people as well as providing different options for our housing here. As long as there is no change to section 13.
I support this proposal so long as you do not change Section 13 (which allows existing permitted STRH & B&B’s to continue to operate and to renew their permits.)
While going through the permitting process which took over a year and a half, and thousands of dollars, we were required to send out dozens of letters within a 500 ft.² radius to our neighbors to give them the opportunity to object. In addition, we had to erect a 4’ x 6‘ sign facing the closest road directly in front of our property stating that we were in progress of obtaining a B&B permit. These two measures gave our community and our neighborhood the opportunity to object and express concerns, which not one complaint was submitted. My neighbors praised me for doing this “the right way” and expressed frustration over all the illegal non permitted rentals in the neighborhood.
On our advertising platform and in our B&B unit, we post a House Rules manual stating quiet hours, driving through the neighborhood etiquette, the Malama Pono Pledge, information on the sunscreen ban, Road to Hana etiquette & driving protocols and other helpful information that visitors might find useful and informative for good stewardship while visiting our ‘aina. In addition, we have a section on our advertising platform thanking and encouraging prospective guests to only book permitted properties and we provide the link to the County of Maui’s legal STRH & B&B’s. I explain that Hawaii has a huge problem with illegal non permitted rentals. Many thank me for the information and had no idea this was such an issue. I am informing and educating guests. I am also paying taxes that fund the Affordable Housing Find and I also hire housekeepers and labors (legal ones) at fair wages to keep my property in compliance.
We are long term Maui residents. Our children were born and raised here. We care about our community and neighborhood. Unfortunately, our permitted B&B has to compete against non permitted B&B’s and camper vans that exploit loopholes in the law. We have spent thousands of dollars, and gone through all the challenges to obtain our permit. We play by the rules because it’s pono and we respect our community, and neighbors.
PSLU item 69, support if no changes to section 13
Yes, thanks….It is so frustrating that the County continues with the attack. There are never registered complaints from neighbors that are mentioned in these proceedings???? To my knowledge, nearly everyone is in completely compliant. The County is so reliant on our huge tax contributions,..
Steven G Gatchell
Steven G Gatchell REALTOR
PSLU item 69, support if no changes to section 13
Dear Committee Chair Tamara Paltin and Planning and Sustainable Land Use Committee Members,
Thank you for the opportunity to submit testimony. I am writing in regards to PSLU item 69. I support STRH and B&B Ordinance Amendments only if there are no changes made to Section 13.
I have been a Short Term Rental Home Owner and Manager for 8 years now. We did not short term rent our home prior to getting our permit, nor during the permit process. It took us over 13 months to obtain our permit, during which time our home remained vacant. Should our permit not be approved in the future, we will not be long term renting our home, thus, our rental property is not taking away from housing needs in our community. It is a family owned home, and will be used for our family, all of whom were either born and raised here, or resided in Hawaii for over 60 years. Also to note, a luxury home is not what most hospitality workers are looking to rent. When I worked at Kimo’s for 7 years and hotels for another 10, I was saving every penny I made and not living in a luxury home way beyond my means.
I am very fortunate to reside next door to our STRH on a CPR’d property. As the manager of the rental home, I am readily available at a moment’s notice, and can assist guests most often within the hour should they have a concern or need. My proximity also allows me to monitor noise levels of guests. In all honesty, when a guest is paying anywhere from $1200 to $1600 per night with a $1500 Damage Deposit, we attract very respectful guests, and all of whom would like to receive their Damage Deposit upon check out. We make our House Rules very clear on our Rental Platform website (VRBO, Air BnB), again in our Rental Agreement, and at the home in our Welcome Book, fliers, and prominently displayed at our front door in a frame. This is not only because we don’t want any complaints that could jeopardize our permit, but moreover, out of TOTAL respect for our neighbors and neighborhood that we love and cherish ourselves. There are homes in our neighborhood with long term renters that have more traffic and noise than any home with young kids and a new drum set. I am proud to say that in our 8 years of operating, we have never received a single complaint from any of our neighbors, and in fact, they support our rental home business. I’d also add that I have achieved 84 – 5 start reviews from our guests on VRBO, and almost all of them mention that as a manager, I was very responsive and available. Apparently I enjoy my job, I take it very seriously, and would very much like to keep it. As a single mother, this is my main source of income.
As an STRH manager I may wear a lot of different hats and take on different tasks from accounting, to fixing leaking toilets, to most importantly, making sure I maintain our permit. I strictly follow County rules and guidelines for STRH permit holders, enforce our House Rules, display our permit, TMK and permit numbers on all forms of advertisement, and do what is necessary to adhere to all rules set forth for permit holders.
I would also like to mention all of the small businesses that I employ in order to run our rental home, and maintain the property and building. Our cleaners are essential to our success, and have been given a raise since we re-opened in October, 2020. Our cleaning protocols have changed due to Covid and I saw fit to make sure our cleaners knew that I value their personal safety and hard work. Our property is approximately 2 acres and requires weekly Landscape services. Aside from our regularly scheduled gardeners, I hire tree trimmers every 6-8 months, a coconut tree trimming services every 5 months, and often have frequent irrigation repairs. We have weekly pool service from an awesome family owned business in Lahaina, and over the years, they have also assisted with repairing and installing new pool equipment, or troubleshooting a pool issue a guest may have that is out of my scope. I send my AC service technician a Christmas card every year, so that should give you a good idea of how thankful I am that he comes to service our AC units so often throughout the year, and over a course of 8 years. We’ve also hired handy persons to assist with sanding and staining parts of our home every 2 years, or a small business to tint our windows, paint our home, refinish our floors, power-wash our driveway, repair minor plumbing issues, etc. Any home owner knows that there’s a lot of maintenance that always needs to be done, but with a rental property there’s even more to upkeep, and in doing so, I always try to utilize small family owned and operated business to support. It goes without saying that if we were no longer operating as a short term rental home, than we would no longer be utilizing these services.
Lastly, I would like to point out that we pay our GET and TAT taxes monthly. So far for 2021, from January through July, we have paid in total, $20,974 in TAT tax and $9177 in GET tax. Our Property Tax for the year of 2021, in total is $20,563. I reside next door on a separate property, albeit in a smaller home, but in comparison my Real Property Tax is only $2860. After 2020 having such a devastating loss to the State of Hawaii’s economy due to Covid, and loss of taxes generated, I would think that the County and State would very much support small businesses that bring in so much tax revenue.
Thank you for your time and consideration.
Mahalo,
Maya Myers
Kalapana Privacy In Paradise LLC
kalapanamaui@yahoo.com
TMK: (2) 4-7-010:049- CPR: 0001
STWM 2013/0022
SUP2 2012/0029
PSLU item 69, support if no changes to section 13
Dear Committee Chair Tamara Paltin and Planning and Sustainable Land Use Committee Members,
Mahalo for the opportunity to submit testimony. Since October of 2020, Entabeni Cottage, a permitted B & B in the Hana area, has been able to get back on its feet and is providing visitors and local guests with an environmentally sustainable experience on our farm. We have been able to recuperate from a financially disastrous year while being shut down by the Covid-19 limitations implemented in March of 2020. Because our B&B is our second bedroom on our farm, we are not taking a long term rental off the table. It was never a "long term" option.
We are able to provide weekly work for a Hana resident who assists us with maintenance and cleaning and is no longer collecting unemployment.
We are on 6.25 acres and our cottage guests have never been a problem for us or our neighbors on farms around us. We have had solid 5 star reviews from every guest who has rated us, many telling us that it is the most peaceful and comfortable and beautiful place they have ever stayed. Thank you for your confirmation in Section 13 which will allow us to continue providing a memorable experience for our guests.
Hana is a popular destination that needs to have STR’s and B & B’s to offer as an alternative to the Hana Maui Resort’s high end rates. We thank you for allowing us to do just that. Section 13 will permit us to continue living on our farm, providing food to our community each week at the Hana Farmers Market, and sharing the mana’o of the land with others.
Mahalo,
Michael & Terry Kristiansen,
Proprietors Entabeni Cottage
370 Hana Hwy. (Mile Marker 26)
Nahiku, Hana, HI 96713
PSLU item 69, support if no changes to section 13
Mahalo for the opportunity to submit testimony:
Aloha Tamara Paltin and all Members of the County Planning and Sustainable Land Use Committee:
First of all I would sincerely like to take this time to thank you for all your caring and support of my small bed and breakfast business. I am so very happy and proud and I work very hard to represent you. I have been a Maui resident for over 50 years and I have a deep love and respect for our Aina. My children were born here over 45 years ago and I am grateful every day to be here. I consider it such a blessing and a privilege to be able to open my home to travelers and local families alike, So many of our local families have relatives from the outer islands who need a place to stay for their friends and families when visiting Maui and I am so grateful to be able to support them . I am always very concerned that our neighbors are happy and I always make sure at all times that our visitors are following our house rules. I send the rules out when people first book and go over them again when they arrive to make sure they understand the rules and in over the 4 years I have been doing our B&B I have never had one complaint from any of my neighbors I always make sure that our visitors are respectful and quiet. I also feel that we are helping local businesses by providing our visitors with nearby restaurants and supporting all the local businesses. I have had the privilege of meeting so many wonderful families from the outer Islands that I would’ve never met any other way. As a permit holder I am a legal legitimate Bed and Breakfast business and I comply with all the county regulations in order to participate, also my small business supports the Maui Countywide policy plan as a homebased business that is appropriate and in character with our community, and by supporting my permit I am supporting the objective in the county wide policy plan to encourage resident ownership of visitor related businesses thank you again for supporting me and helping me to provide a place to stay for visitors and local families alike and I do support these ordinance amendments, as long as they do not change section 13. Thank you again for your support of my small business and I know that fulfills The need to support our local families and visitors and I sincerely ask for your support by keeping section 13 the way that it exists now Mahalo🌈
Jackie Cummings
Haiku Garden Cottages
BBPH 2017/0002
PSLU item 69, support if no changes to section 13
Mahalo for the opportunity to submit testimony.
Tamara Paltin, Chair
Maui County Planning and Sustainable Land Use Committee
200 South High Street
Wailuku HI 96793
Dear Committee Chair Tamara Paltin and Planning and Sustainable Land Use Committee Members, my name is Todd Goldner. I am a permit holder for my BNB (permit # BBMP 2018/0001). My Bed and Breakfast creates jobs in the area and also tends to the needs of the local residents by creating housing for the visiting family and friends of the people who live in the neighborhood. 80% of my revenue comes from those guests. As a permit holder I comply with all the county regulations and my guests are also informed of all the rules and regulations as well. I have never had any complaints and my neighbors have ended up being very friendly towards my guests. Mahalo, Todd Goldner
I support PSLU item 69, if no changes to section 13
Hello, and I hope you and your families are staying safe and healthy!
Mahalo for the opportunity to submit testimony on PSLU item 69. I support this proposal so long as there is no change Section 13 (which allows existing permitted STRH to continue to operate and to renew their permits).
My family owns a STRH that is used by our extended family and rented to vacationers. We attract visitors to Maui by offering private vacation accommodations (3 bedroom house, a full kitchen, laundry, an ‘ohana, a private pool and hot tub, and ocean access) that are different from a resort hotel. Many of our guests visit for a special family occasion and actively seek out the privacy and independence that a rental home provides. If STRH’s are phased out, these guests will go somewhere other than Maui. This home would not affordable to rent long term, so it does not negatively impact local access to affordable housing.
Our guests positively contribute to the local economy when they visit Maui. They support local shops and farmer’s markets, attend Luaus, go on cruises, tours, and whale watching trips, and rent snorkel gear. They take surf lessons, hire yoga instructors, and have spa days. They frequent restaurants or hire private chefs to prepare special dinners at our home.
Our STRH further supports the local economy by hiring local housekeepers, window cleaners, pool cleaners, landscapers, plumbers, a/c technicians, repair technicians etc. as we must keep our property in pristine condition in order to remain competitive. If we cannot rent our home as a STRH, we will no longer be able to support these local workers.
Our STRH complies with all local regulations, is supported by our neighbors, and has no complaints. Our property is taxed at a much higher rate than most properties in Maui County because it is a vacation rental. If STRH’s are phased out, our property tax rate will revert to a lower rate. We also pay monthly TAT and GET taxes which are also significant—14.25% for each rental. This can total up to $10,000 per month to reinvest in the local community.
The STRH program contributes much to Maui’s economy. It is an asset that was thoughtfully and thoroughly considered, took many years to develop and provides so much value to our community. We are hopeful that the STRH program is allowed to continue to benefit Maui.
Thank you, and wishing you all the best,
Kjelsey Fortun
SLU item 69, support if no changes to section 13
Mahalo for the opportunity to submit testimony.
Greetings to each of you,
Our Home is located on a private, gated street, of ten homes in West Maui.
A number of our homes are and have been licensed as STVR's for many years.
We have always found mutual cooperation between our friends and neighbors and cannot recall one issue that has created a problem for any home or neighbor, ever.
We support regulation and oversight and particularly PSLU item 69 WITHOUT any change.
We appreciate the importance of sound legislation and also the importance of making private homes available to families and friends who wish to be together in a warm and safe environment while in Paradise.
Thank you for supporting our community and working with all of us who are private homeowners who selectively share our homes with families and friends who can enjoy a wonderful aloha experience while in Maui.
Thank you for your support for all of us who work together with you to make Maui a destination of desire and delight.
Sincerely,
Linda and Miles Barber
Homeowners since 1986.
PSLU item 69, support if no changes to section 13
Aloha Community Leaders and fellow Maui residents,
Mahalo for the opportunity to submit my testimony. I grew up on Oahu and moved to Maui to start my life as a young man of twenty-four years old in 1984 after graduating the University of Hawaii. I worked hard as a waiter and eventually went into business for myself. I was one of the fortunate ones to have worked hard, smart, and purchase a home. I raised my family in the home that is now our vacation rental. Our 4500 square foot home that once had utility for eight of us including my father, no longer was necessary for just my wife and I by the end of 2017, sadly, it became just the two of us. Having grown up in the Islands, I knew it would be important to keep our home so that we would have a place to reunite as a family on at least two or three occasions a year. Having had the opportunity to make our home a vacation home has allowed us to afford a smaller rental, help pay for our children’s education, and has blessed us with a place for our family to share as a home together on special occasions.
I was one of three Kaanapali Vista neighbors who were instrumental in developing the Kaanapali Roadway Association long before our home became a vacation home. I take great pride in our neighborhood, and have worked hard to keep our small community a safe and peaceful place to reside. Prior to submitting for my vacation permit, I had in person conversations with nearly every one of my neighbors on my street. Some of my neighbors homes here on Holomakani Pl were second residences so I spoke with those neighbors by phone. I received a letter of support from every neighbor on my street with the exception of one neighbor, I unable to contact him.
We have done a superb job maintaining a peaceful existence between our neighbors and our guests. We follow all the County rules, and we make absolutely certain our guests abide by them. The are other Vacation rentals a B&B operators in our neighborhood, and ALL of them do an exceptional job to ensure that the neighborhood is peaceful. My wife and I actually rent the upstairs of a home directly next door to our rental (42 Holomakani Pl). This home like many homes Maui, are split-up into multiple rentals as there are so few families looking for five bedroom homes. There are three rentals in the home we rent, and that means there are as many as six vehicles that require parking at any given time. With just two parking spaces in the driveway, there are four or more vehicles that must park in our mall cul-de-sac. We are very fortunate that 41 Holomakani Pl is a vacation rental or there would be no parking available. When we resided at 41 Holomakani, there were always as many as eight vehicles, and when we had guests, there were many more. It has been a Godsend for our neighborhood that our old residence is only allowed to park vehicles in the driveway.
We support these above mentioned ordinance amendments that ensure current permit holders are able renew existing permits under rules and zoning regulations in place when they originally got their permits as long as there are no changes to section 13. We believe it would be very unfair to existing permit holders to refuse renewal of permits for STRH holders who are compliant with county rules and laws and have a history of being responsible operators.
Mahalo,
Steven G Gatchell
Steven G Gatchell REALTOR
Maui Life Realty BIC
Owner Summit Residence
TA-038-779-9040-01
Mahalo for the opportunity to submit testimony.
I am the owner of a home in Olinda currently being used as a STRH. This is our long time family residence and we found we needed additional income to maintain the house and property, pay taxes, etc. The family also uses the home for extended periods so we could not use it has a long term rental.
We hold a permit and comply with all regulations. House rules are available and enforced. We are pleased to say we have had no complaints from our neighbors. Makawao is our home town and we and our guests support the businesses there. I support the Maui County-wide Policy Plan.
I support your ordinance amendments on the condition that Section 13 is not altered. To do so would create undo hardship and would be blatantly unfair.
Thank you for this opportunity to give my input.
Sterling Church
Dear Committee Chair Tamara Paltin and Planning and Sustainable Land Use Committee Members,
Mahalo for the opportunity to submit testimony. I'm writing in support of PLSU item 69, but only if there are no changes to section 13. I have attended and participated in many of the meetings that have taken place over the last couple of years, and believe that the current plan strikes a balance and protects the interests of neighborhoods and law-abiding STRH permit holders as well.
As a long-time permit holder, I have gone above and beyond to make sure my neighbors are happy, and that any concerns they might have are addressed immediately. The street that my house resides on is a private enclave of larger but older homes on the Kaanapali hillside, which are accessed via a neighborhood-owned access street that has been neglected for decades, due to the defunct HOA, which has left it riddled with potholes and other safety hazards. Spearheaded by myself and with the support of a few of the other permit holders residing on the same street, we are actively working with local contractors to repair or preferably replace the existing street and gutter system, and maintain it going forward. The current proposal for replacement is north of $120,000. The majority of this bill will be paid for by the owners of legally permitted vacation rental homes. This is just one small example of how vacation rentals can greatly benefit the neighborhoods they reside in. I have spoken with many of the owners on my street, and they are all thankful that someone is working to improve their neighborhood. I have great relationships with my neighbors, and they have my private cell number, but rarely call it for reasons related to the vacation rental. It's more to talk about the neighborhood, the condition of the street, or to say they're in town and see if I want to get together for a cocktail or dinner. I am not aware of any complaints filed against my property. My management team and I take the rules and the laws governing vacation rentals very seriously. Every guest is met in person, and a verbal education as to what is allowed, in conjunction with signing agreements acknowledging their understanding.
Tourists who visit the island are looking for an experience. Providing that experience requires an army of small businesses to meet their expectations. My single vacation rental is partly responsible for providing good-paying jobs for at least 40-50 local Maui residents in any given year. Whether it be the management, cleaning, landscaping, painters, contractors, appliance repair, utility workers, suppliers, various routine maintenance workers, caterers, concierge's, not to mention all the local businesses that the guests use all over the island.
In closing, I fully support the reasons for having permits, having caps, and ensuring that the rules are followed. There are always few bad eggs, and they should be dealt with, without punishing those who actually do good for their neighborhoods and the community at large.
Thank you
Mike McNeill
Dear Committee Chair Tamara Paltin and Planning and Sustainable Land Use Committee Members,
My name is linda gallagher and i am the owner of the gingerbread and green turtle houses at 19 aolani place in kuau. My permit number is #2017 0001. I also own the 2 other properties right next door and have 14 lovely long term tenants who have been consistently paying rent through covid, are all happy tenants. I have also had long term tenants in my vacation rentals since covid, and plan to resume business in late October. Before covid times, my vacation rentals have been running smoothly, never a complaint from a neighbor, I am fully supported by my community, and I give back when ever i can. I am asking for section 13 of the new vacation rental rules to be kept in tact as i have been compliant with all the previous rules for many years, pay my GE and TAT taxes diligintly, and do not want my business to be compromised in any way in the near future. Thank you for your understanding, and thoughtful consideration.
Respectfully,
Linda Gallagher, Owner
Testimony received by the PSLU Committee.
Dear Committee Chair Tamara Paltin and Planning and Sustainable Land Use Committee Members:
Respectfully urging you to SUPPORT the PSLU Item 69, especially including Section 13 as-drafted.
The County should continue to allow owner/operators of legally licensed B&Bs to renew their licenses under the same zoning and administrative rules in effect at the time of original license approval.
Fair and reasonable application of the Maui County ordinances acknowledge that the owner/operators of existing legally licensed B&Bs are the ones “doing things right” and “playing by the rules”. Section 13 encourages that compliance.
B&Bs continue to be a valuable economic resource contributing to Maui County.
Our Haiku B&B is well-regarded and in-keeping with the character of our neighborhood. There have been no complaints filed during our three years of operation. Neighbors often comment that had they not been told our B&B was here, they’d have not known about us; meaning no noise, traffic, or other disturbance to the neighborhood.
Indeed, we are seen as a neighborhood resource. When neighbors do not have the space in their own homes to accommodate their visitors, we’re here as a convenient nearby accommodation.
We hire and pay fairly our B&B landscapers, trades people, and housekeepers. Our housekeepers tell us that the regular business from B&Bs and TVRs is very important to them. One is working her way through nursing school.
We always inform our guests of our House Rules, and we make sure they are followed; especially the anti-nuisance rules such as required off-street parking, no noise, and no group gatherings.
Our B&B is a home business that is in-keeping with the Maui Countywide Policy Plan encouraging resident ownership of visitor-related businesses. In fact, licensed B&Bs are the archetypical example of such a business because a licensed B&B must be owner-operated. And of course we are most definitely visitor-related.
As the Council proceeds with the current policy of eliminating TVRs, please be mindful of this: every TVR that is eliminated results in the permanent loss to Maui of the economic impact that TVR provided.
That’s because a Visitor wishing to rent an AirBnB will NOT simply switch to a condo high-rise resort-type accommodation; that Visitor does not want the resort vacation experience. If there is no AirBnB for her on Maui, that visitor will be lost to someplace that is more AirBnB-friendly; perhaps to another Hawaii county, or to a destination other than the State of Hawaii.
Either way, the lost TVR means permanent lost economic impact for Maui County.
Mahalo for the opportunity to submit testimony, and for your continued recognition that the legally licensed vacation rental industry is GOOD for Maui.
Robert & Stephanie Oswald, Hosts and Owners
Tranquil Palms B&B
BBPH 2018-0002
Aloha Council,
MAHALO FOR ALL YOUR HARD WORK!
I'm a legally permitted STRH permit holder that lives here on Maui. My small business supports my family of five. I worked hard to obtain the permit that I have now had since 2013.
I have checked in every guest that has rented my property. I also service the swimming pool and spa twice a week, so I'm very hands on, and available to spot any issues with guests, and also available 24 hours by phone or text as the manager. I have operated without any neighbor complaints all eight years. My neighbors support me, my business, and celebrate how well I maintain the property.
I feel every 3-4 months I have to fight for my business that operates legally with no complaints, pays taxes, and is not hurting anyone, just like a well run restaurant or flower shop. We are always under scrutiny that seems unfair and wrong. I can only support these ordinance amendments as long as you all do not change section 13. It would not be fair to existing permit holders, such as myself, to pull the rug out from us after working so hard to build a viable small business supporting our families and employees we support on our staff.
Small businesses should be celebrated, especially if they are locally owned and creating much needed tax money for our community!
We are hard working folks trying to support our families here on Maui, one of the most expensive places to live! I'd like my kids to be able to inherit our property and not have to sell my house to a wealthy buyer.
PLEASE BE SUPPORTIVE OF THESE SMALL BUSINESSES!
Mahalo for your Kokua,
Amy Bond Ramos
Voter, Mother of 3, and small business owner
Kihei Oasis LLC
Permit STKM 20130014
808-870-4715
Mahalo for the opportunity to submit testimony. My name is Otto Horen, I am 67 years old. I have lived in Hana for the last 36 years. My wife and I have a permitted vacation rental That our daughter manages for us for well over the last 10 or so years. This rental is part of our retirement plan as we have been self employed for the last 25 years and have no pensions plans like most.
We employ a local landscape business to do the yard and landscaping, local girls to clean, painters and maintaince people, and other people in Hana to take care and maintain our cottage. Not only that, but we donate nights stay to fundraisers for local causes, and it is available to people of Hana for their families that come here for funerals, graduations, luaus and the such. We are in a quiet part of Hana and in a subdivision of 8 parcels. We have never had a compliant and as a matter of fact, have rented to two of our neighbors so their visiting families could stay close to them.
We would ask that you do not change the zoning laws to where we would not be able to obtain a permit to have our vacation rental or be able to re-up our existing permit. If we cannot rent our rental, it would cause a hardship on not just my family and I, but all the people who work on the place as well. Thank you for your time to read this.
Mahalo
Otto
Thank you for allowing this method to provide comments. In short, I really think that the “accessory dwelling” should not be allowed to be used as a vacation rental. Please do not allow what is typically our lowest cost housing options for our local residents to rent, to be removed from this long term rental pool. If you allow the accessory dwelling to be used as a vacation rental, you are just further making it harder for our residents to find affordable rental homes.
Below, I’ve identified specific code sections that I’m talking about.
19.35.010.D and E (B&B):
Please do not change this to allow any “accessory dwelling” to be used for short term occupancy. This accessory dwelling code section was last changed to specifically not allow short term occupancy of any accessory dwelling. This was done and supported by the council and planning commissions in an effort to preserve the accessory dwelling for long term occupancy (meaning for our residence who live here all year long). The accessory dwellings are the smaller dwellings on a lot and they tend to be the lower priced dwellings available to the local residents to rent (please do allow these to be removed from being available for our residents). The accessory dwelling really should be reserved for our long term residences. The cost of rent has gone crazy and if you allow the accessory dwelling to be converted from long term to short term such as this proposed revision will allow; this will (1) remove available housing for our residents to live in, and (2) it will remove the lowest cost housing for our residents, and (3) ultimately increase the housing that is left for our residents to choose from. PLEASE, if you care about our residence who struggle to pay these high rental prices, please do not let this section of the code be changed to allow any accessory dwelling to be used as a vacation rental. Regardless of what you call it, any Bed & Breakfast, Short Term Rental Home, or Transient Vacation Rental; these are all forms of “vacation rental” and are not available for our residents to rent or live in.
19.64.030.A:
This section only allows B&B’s to be located “… in no more than two single-family dwelling units per lot.”
Notice that the above does not allow for an “accessory dwelling” to be used as a B&B. 19.04.040 has different definitions for a “single-family dwelling” and an “accessory dwelling” (see definitions below). Therefore, by definition, a single family dwelling is not an accessory dwelling and an accessory dwelling is not a single family dwelling. This means that this section 19.64.030.A already does not allow for any B&B to be located in any accessory dwelling. Please keep it this way.
19.64.030.N (B&B):
The 5-year restriction (for Molokai and Lani) is good towards preventing someone from buying a property with the intent of immediately applying for a B&B (according to the description this is intended to “…reduce speculation and encourage a connection to the neighborhood…”. Maui should have this same restriction! Why would you want to allow this speculation and not encourage a connection to the neighborhood on the island of Maui. Please amend this section to include ALL the islands of Maui County.
19.65.030 (short term rental home):
If this revision will limit a “short-term rental home” to be located in only one “single-family dwelling”. Keep in mind, as it is currently defined in 19.04.040, an “accessory dwelling” is not a “single-family home” and therefore, cannot be used as a “short-term rental home”. This is good. Again, please do not allow any accessory dwelling’s to be used as short-term rental home (vacation rentals).
19.04.040: (existing definitions showing that a “single family dwelling” is not the same as an “accessory dwelling):
Dwelling, single-family. "Single-family dwelling unit" means a building consisting of only one dwelling unit designed for or occupied exclusively by one family.
"Accessory dwelling" means an attached or detached dwelling unit which is incidental or subordinate to the main or principal dwelling on a lot.
Thank you for considering hard working residence who need affordable places to live. Please do not approving the changes to these sections which would allow an accessory dwelling to be used as a vacation rental and ultimately take away the lowest cost housing choices for our residents to rent.
Mahalo,
Paul
If item 13 does not change I can support PLSU 69 CC 21-140 which allows existing B&B and STRH to continue operating and the ability to renew under zoning restrictions which were in effect when originally permitted.
One of the county goals is to have resident small business owners serve and benefit from the visitor industry. As a small business owner I hire and depend on other small business owners for repairs, maintenance, cleaning and improvements. My vacation rental, STRH 2015-0002, has a 49.5 star rating with 75 5-star reviews. Guests are greeted at each arrival, house and county rules are explained, guests are familiarized with the home, and local information shared. My wonderful long term neighbors have never complained. Many of our guests are Maui families and inter-island families.
The vacation rental enabled me to lower rent for the long term tenant. I now have a reliable stable long term farm worker. We have been a farm for more than 30 years and with the vacation rental I have expanded the farm, been able to support myself, provide food and income for residents, and am able to pay increased taxes which helps support housing on Maui.
Thank you for the opportunity to provide testimony. A big mahalo for listening and making additional changes due to past testimony. We take pride in our business, being self-sufficient, and contributing to our island community.
Respectfully,
Charlene Casserley
resident legal permit holder
My wife and I own a house in Kihei which we purchased in 2013 as our retirement home. We rent it out as a vacation rental for the times that we are not on island. We have good relationships with our neighbors and they support us when we are not there. We find that having short term rentals to be a good way to make sure our house is well maintained and occupied year round.
We are not absentee landlords. We love our Maui ohana and will continue to be active in our community.
I have heard testimony from others on how some of the vacation rentals have unruly guests. We put in a lot of effort to prevent that. We ensure that our guests are fully aware of our house rules. Each guest 18 and over must sign the rental agreement which clearly states our expectations.
Most of our guests are mutigenerational families who appreciate the opportunity to stay together in a single family home with all the conveniences of home and frankly better prices than a hotel. It is easy to understand how the hotel industry might feel threatened by such an attractive accommodation option.
It goes without saying that we hire local people to keep our house well maintained and pay competitive, living wages for their services. We are constantly improving our house and therefore the neighborhood in general.
Eliminating our permit will not add more housing for Maui. It is still our home where we love to spend as much time as we can and will never be a long term rental.
We have been following the rules, paying taxes, and been good neighbors from the beginning. We have also invested more into our home with the expectation that if we continue to follow the rules, we will be able to pay for these upgrades. I believe that if we hold up our end of the deal that Maui County should hold theirs, which is why we support PSLU item 69, if there are no changes to section 13.
Mahalo for taking to our testimony.
Aloha,
Dave & Jenni Morts
I support this because it would help with jobs for our local people as well as providing different options for our housing here. As long as there is no change to section 13.
I support this proposal so long as you do not change Section 13 (which allows existing permitted STRH & B&B’s to continue to operate and to renew their permits.)
While going through the permitting process which took over a year and a half, and thousands of dollars, we were required to send out dozens of letters within a 500 ft.² radius to our neighbors to give them the opportunity to object. In addition, we had to erect a 4’ x 6‘ sign facing the closest road directly in front of our property stating that we were in progress of obtaining a B&B permit. These two measures gave our community and our neighborhood the opportunity to object and express concerns, which not one complaint was submitted. My neighbors praised me for doing this “the right way” and expressed frustration over all the illegal non permitted rentals in the neighborhood.
On our advertising platform and in our B&B unit, we post a House Rules manual stating quiet hours, driving through the neighborhood etiquette, the Malama Pono Pledge, information on the sunscreen ban, Road to Hana etiquette & driving protocols and other helpful information that visitors might find useful and informative for good stewardship while visiting our ‘aina. In addition, we have a section on our advertising platform thanking and encouraging prospective guests to only book permitted properties and we provide the link to the County of Maui’s legal STRH & B&B’s. I explain that Hawaii has a huge problem with illegal non permitted rentals. Many thank me for the information and had no idea this was such an issue. I am informing and educating guests. I am also paying taxes that fund the Affordable Housing Find and I also hire housekeepers and labors (legal ones) at fair wages to keep my property in compliance.
We are long term Maui residents. Our children were born and raised here. We care about our community and neighborhood. Unfortunately, our permitted B&B has to compete against non permitted B&B’s and camper vans that exploit loopholes in the law. We have spent thousands of dollars, and gone through all the challenges to obtain our permit. We play by the rules because it’s pono and we respect our community, and neighbors.
Respectfully,
Laura Schick
Permit #BBMP 2019/0004