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Agenda Item

Bill 105 (2024) DRIP-4 BILL 105 (2024), AMENDING SECTION 19.500.110, MAUI COUNTY CODE, REGARDING NONCONFORMITIES

Legislation Text Bill 105 (2024) Correspondence from Planning 06-28-2024 Amendment Summary Form from Councilmember Paltin 08-12-2024 Correspondence from Planning 09-16-2024 Correspondence to Environmental Management 09-17-2024 Correspondence to Public Works 09-17-2024 Correspondence to Fire and Public Safety 09-17-2024 Correspondence to Water Supply 09-17-2024 Correspondence from Environmental Management 09-23-2024 Correspondence from Public Works 09-25-2024 Correspondence to Planning 10-01-2024 Correspondence from Water Supply 10-01-2024 Correspondence from Fire and Public Safety 10-01-2024 Correspondence from Planning 10-10-2024 Correspondence to Corporation Counsel 10-14-2024 Correspondence to Planning 10-14-2024 Correspondence to Corporation Counsel 10-16-2024 Correspondence to Planning 10-16-2024 Amendment Summary Form from Committee Chair 10-17-2024 Correspondence from Planning 10-17-2024 Correspondence from Corporation Counsel 10-22-2024 Correspondence from Planning 10-23-2024 Informational document from Committee Chair 10-23-2024 eComments Report 10-23-2024 Testimonies received 10-21-2024 through 10-24-2024 Testimonies received 10-25-2024 Testimonies received 10-25-2024 through 10-27-2024 Correspondence to Fire and Public Safety 10-30-2024 Correspondence to Planning 10-30-2024 Correspondence to Corporation Counsel 11-06-2024 Correspondence from Planning 11-20-2024 Correspondence from Fire and Public Safety 11-29-2024 Correspondence to Corp Counsel 01-21-2025 Correspondence to Corp Counsel 01-22-2025 Correspondence from Corp Counsel 01-22-2025 Correspondence to Police 01-22-2025 Amendment Summary Form from Committee Chair 01-29-2025 (1) Amendment Summary Form from Committee Chair 01-29-2025 (2) Correspondence to Corp Counsel 01-30-2025 Correspondence to Corp Counsel 02-03-2025 (1) Correspondence to Corp Counsel 02-03-2025 (2)
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    Guest User about 1 month ago

    Aloha k'ou mau hoaloha:

    I am a part time Lahaina resident and have been for over 35 years. During that time I have been involved with the following programs:
    1) President for 5 years of the Maui County Veteran's Council
    2) President for 10 years of the West Maui Veterans club,inc Which includes maintaining the Hanaka'o'o Japanese/Chinese cemetery adjacent to the Hyatt hotel
    3) participant at the following Social groups: Hongwaniji, Jodo mission, Shingon mission, United Methodist church,Maui Native Hawaiian Chamber of Commerce. Chinese tong joss house and Chabad. (I got my college degree in anthropology), study of cultures.
    4)Bicycle repair and sales to help get automobiles reduced on the roads.
    5) Substitute teacher at Princess Nahi'ena'ena (Kumu Olelo Hawaii)

    I am requesting that our plans be approved for the rebuilding of our destroyed home at 1003 Front street and that it be allowed to continue with short term rental so that I can go back and forth to the mainland where the majority of my family is located. At my age visiting our offspring is critical. I will be 81 years old this 25 August and family connections are everything.
    Mahalo Nui Loa, (hana hou)

    Paul Laub
    808 442-2450

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    Guest User about 1 month ago

    Aloha Councilmembers,

    Mahalo for taking testimony on Bill 105. We wholeheartedly support the bill’s intent—to accelerate the rebuilding of structures affected by the wildfires so that families and businesses can begin to recover. However, we are deeply concerned that Councilmember Paltin’s amendment diverts attention from this critical mission by introducing complexities that do not directly relate to the bill’s primary purpose.
    The amendment, which seeks to address issues surrounding short-term rentals, is problematic for several reasons. First, it lacks clear parameters on which properties or individuals would be affected and how enforcement would be carried out. This vagueness threatens to create confusion and delay the rebuilding process at a time when swift action is needed in Lahaina.

    Moreover, short-term rental policies deserve their own focused legislative conversation. County Council is already undertaking an economic impact study that will provide the necessary insights into the role of short-term rentals in our community. It is important that we reserve detailed discussions and decisions on this topic for that dedicated process rather than bundling them into a bill whose sole intent is to facilitate urgent recovery efforts.

    In closing, we respectfully urge the Council to strike Councilmember Paltin’s amendment from Bill 105. By doing so, we can ensure that the bill remains focused on its vital objective—supporting the rebuilding of Lahaina and the swift recovery of local families and businesses—while leaving the comprehensive conversation about short-term rentals to the ongoing, dedicated legislative efforts.
    Mahalo for your time and consideration,

    Maui Vacation Rental Association (MVRA)

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    DRIP Committee about 1 month ago

    Testimonies Received by DRIP Committee (4)

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    Guest User about 1 month ago

    I support bill 105

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    Guest User about 1 month ago

    I strongly oppose the amendment proposed by Councilmember Tamara Paltinto. Please don't put more hardships on locals whose income relying on services and operations for STRs. Thank you!

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    Guest User about 1 month ago

    I oppose the amendment proposed by Councilmember Tamara Paltin, which would prevent non-conforming transient vacation rentals from resuming operations if they were discontinued for 12 consecutive months due to an emergency or disaster. Fire victims should not be penalized for circumstances beyond their control.

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    Pamela Tumpap about 1 month ago

    Please see attached testimony from the Maui Chamber of Commerce

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    Guest User about 1 month ago

    My wife and I support Bill 105. It has been 11/2 years since the fire devastated Lahaina. Our house in Lahaina allowed us to see our son, who is a County of Maui fire fighter stationed in Lahaina, our daughter in law, who is a paramedic, stationed in Lahaina, born and raised on Maui and our 2 grand children and a third due in May. Since the fire it has been extremely difficult to come to Maui to visit them. Everyone in Lahaina needs to rebuild as soon as possible. Lahaina needs to recover now.
    However, we oppose the amendment proposed by Councilmember Tamara Paltin, which would prevent non-conforming transient vacation rentals from resuming operations if they were discontinued for 12 consecutive months due to an emergency or disaster. Fire victims should not be penalized for circumstances beyond their control.
    Thank you
    Tom & Marlene Staubitser

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    Guest User about 1 month ago

    Please support Bill 105. The Lahaina commercial and residential areas affected by rules that have become the obstacles to any meaningful rebuilding of the town. Can we just recreate what was taken away from us? Your vote of support is all we ask. To not support or to defer the measure signals ulterior motives and a apathetic position to helping us.
    Mahalo for the opportunity to testify.
    James Kimo Falconer

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    Guest User about 1 month ago

    Chair Tamara Paltin
    Vice Chair Nohelani U’u-Hodgins
    Disaster Recovery, International Affairs, and Planning (DRIP) Committee

    Re: Bill 105 (2024) – Amending Section 19.500.110, Maui County Code, Regarding Nonconformities

    Aloha Chair Paltin, Vice Chair U’u-Hodgins, and Committee Members,

    My name is Sne Patel, and I am the President of the LahainaTown Action Committee (LAC) and a long-time Lahaina resident. Our organization has spent decades working to support small businesses, preserve Lahaina’s historic character, and advocate for policies that help our town succeed.

    I write to support Bill 105 (2024) because it is a necessary step in rebuilding our community after the devastation we’ve experienced. However, I strongly oppose the amendment proposed by Councilmember Paltin, which would block the return of nonconforming transient vacation rentals (TVRs).

    The fires that swept through Lahaina did more than destroy buildings—they erased generations of history, jobs, and economic security. Front Street and the surrounding business areas weren’t just places for visitors; they were the heart of our local economy and a source of livelihood for many residents. Bill 105, as originally written, provides a path for our town to rebuild while maintaining its historic integrity, ensuring businesses can return, and giving property owners clear guidance.

    Over the last 18 months, I have committed countless hours to supporting recovery efforts, working with multiple committees, and advocating for our community’s needs. One of the biggest challenges I’ve seen is the constant stream of obstacles being placed in our way—this amendment is yet another one. Instead of moving us forward, it adds more uncertainty, more delays, and more frustration for those trying to rebuild.

    This amendment does not belong in this bill. The issue of short-term rentals is already set to be addressed separately when the Council takes up the Mayor’s proposed bill phasing out STRs in apartment districts. That discussion should happen in its proper place, not as a addition to a bill focused on rebuilding.

    What I’ve heard time and time again—from LAC members, business owners, and residents—is that people simply want the chance to rebuild what was lost. Many TVR owners in Lahaina aren’t big corporations or outside investors; they’re local families who spent years building something that worked for them. Taking away their ability to restore what was previously allowed only adds another hardship to an already impossible situation.

    The silent majority in this community may not be as vocal, but their message is clear: let Lahaina rebuild as it was before the fires. That means restoring properties to their original footprint with their lawful uses intact.

    I respectfully urge the Council to pass Bill 105 without the restrictive amendment. Give our community a clear and fair path to rebuild.

    Mahalo for your time and for your dedication to Lahaina’s recovery.

    Sincerely,
    Sne Patel
    President, LahainaTown Action Committee

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    Guest User about 1 month ago

    I support this bill without the TVR amendment. The homeowners in Lahaina have waited way too long to begin rebuilding. There are more effective ways to address the housing crisis in West Maui than to disparately and punitively withhold permission for homeowners to rebuild what they had before the fires or use the disaster as a reason to take away a homeowner's right to continue to use their property the same way they were using it before it was destroyed.

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    DENNIS INGRAM about 1 month ago

    This legislation is essential to reduce the continuing damages that have been caused by the Lahaina fire.
    Maui County has been unable to proceed in a timely manner to limit the loss of use. This is due to the cumbersome processes that are mandated. This is the case even where those residences complied with all laws and codes in effect at the time of their construction through the date of the Lahaina fire.
    Currently, individual review and public hearings are required for each property, together with substantial professional assessments and other preapplication processes. In addition, reconstruction must follow new code restrictions adopted since the fire that does not create any exceptions for prior compliance.
    This legislation is urgently needed to prevent the ongoing loss that is being suffered by the residents. Insurance coverage for loss of use is limited to one year. Reconstruction appears likely to be a multi-year process.
    The required processes without this legislation will result in additional years of loss and damage to the owner who has been deprived of their home. My ongoing personal loss of use of my home and my property is not easily measured. Simply the loss of the fair rental value each year is a substantial sum, in addition to the personal inconveniences that cannot be measured.
    Regrettably, time continues to pass and the losses to residents are ongoing.

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    Dudley Millikin about 1 month ago

    I urge the Maui County Council and the Mayor to approve Bill 105 so we can restore the visual diversity of Lahaina. In my community of Shark Pit, there were many wonderful homes of my friends that were built long ago and do not meet current zoning requirements but added to the cultural diversity of Front Street. Please allow them to return. All we want is for what we had before to be allowed to be rebuilt, no more. This bill will allow everyone to come home before they are forced to leave Maui because they can no longer wait for the permitting process to finish. Please approve this to help Lahaina to recover faster.
    Lahaina used to generate about 30% of the tax revenue for Maui County. Let’s rebuild our Lahaina so it can do that again and help all of us.

    Mahalo for supporting and passing Bill 105.

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    Guest User about 1 month ago

    Aloha ~

    My name is Rosemary Kunewa Randazzo and I am Trustee for the Kunewa Irrevocable Family Trust.
    We own 780 Front Street and we are in full support of Bill 105.

    I would first like to mahalo the administration and planning department for introducing an essential bill; and mahalo to Chair Paltin for hearing it.

    Finding the words to convey the affect that the devastating fires that burned Lahaina to ashes and traumatized a community is still difficult… It is uplifting to see progress being made and the residents of Lahaina, especially those that have lived there for generations, rebuilding their homes and lives.

    We, the Kunewa ‘ohana, are Kanaka Maoli, a Hawaiian family, and we are 5 generations in Lahaina - on Front St. Our place was home to businesses that employed many of the residents of Lahaina over the decades.
    We have roots on Maui. My father and his siblings were born and raised in Wailuku and went to Saint Anthony’s School. Our family home is still in Wailuku, and we have family members that live in Waikapu and Makawao; but our business was in Lahaina. The fire of August 8, 2023 certainly affected us financially, but more so emotionally. 780 Front Street was legacy carried forward, if you will. Where just a couple of months before the fire, my son brought his three young children over from Oahu to learn about their great-great grandparents, and what my grandfather’s work left for us… for them.

    I’m very proud to tell you that my grandfather, Joseph Hewahewa Kunewa, made great contributions to Maui County. He was Maui Tax Assessor from 1908 thru 1935; this was during a time when Wailuku had been designated as the County seat for government (1905) and the era of growth for Maui was beginning. His name and accomplishments are found in “The Men of Hawaii” book from 1930 and “The Builders of Hawaii” book from 1925. Both books “feature men of note and substantial achievement, past and present, who have contributed to the progress of the Territory.”

    I mention these things because my grandfather was a true leader for the people. Though his name and accolades are in the history books, for me his greatest accomplishment was how he helped the people of Maui. He passed when I was just 4 years old. But, when my grandmother was still with us, people would visit and I would overhear them talk about my grandfather and how he helped their families; making sure they understood the need to pay taxes to keep their property. He would also help the local families who were delinquent in paying their taxes and about to lose their land.

    It seems that we are at this kind of crossroads once again… where we need leaders that have the interest of the local people – Kanaka Maoli and Kamaaina, first.

    We, the Hawaiian and Kama’aina commercial landowners face uncertainty at this time; although the fires and destruction of Lahaina was not of our doing: Not one of our buildings started that fire. Over the decades we have stayed the course… starting when Lahaina was nothing more than horse stables and a small plantation town. My cousin told me about spending time in Lahaina when he was a kid digging in the dirt looking for horseshoes and bottles. I found it simply amazing that horseshoes and glass bottles were some of the things the archaeologists found on our property during the clean-up. We have withstood the tsunami of 1946, yearly hurricanes, droughts, economic downturns, and a pandemic to name a few things. But we always reopened. Not so much this time. The uncertainty comes with laws and setbacks that were put in place long after our buildings were standing.

    As you know, Front Street would eventually become a world-renown retail corridor. By August 8th, 2023, it was a fully mature commercial mecca that catered to thousands of visitors and locals each year; as well as employed many residents from Lahaina. With local people being priced out of paradise each and every day, we know we are fortunate to be able to call 780 Front Street ours. We are grateful to our grandparents, and to our parents for this gift. It’s part of our identity. It's part of my family’s genealogy and heritage. As a wise Samoan man said at FestPac about the Polynesian people; “These things – our identity and the gift of our heritage, our genealogy and the right to our land – is not negotiable.”

    We now need a leader that will mirror my grandfather’s example, fulfill the words of that wise Samoan man; and we need you to remove the uncertainty. Bill 105 is a step in that direction. It’s one step closer to full recovery for us financially and emotionally. A step towards allowing my family to carry on my grandparent’s legacy that they left to us. We need you to do the right thing and make it easy for us to rebuild Front Street to what she was. After all we, too, have been here for generations and we should be afforded the same considerations and dignity to rebuild WITH the residents of Lahaina… and to reopen once again.

    Aloha No~
    Rosemary M. Randazzo
    as Trustee for the Kunewa Irrevocable Family Trust

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    Guest User about 1 month ago

    My family has experienced the lengthy, stressful, and expensive permitting process to rebuild. We have been working on our rebuild project for 4+ years with Maui County before the fire. Please let anyone that was working on a permit before the fire, continue working on their permit instead of having to start all over. We spent years going over permits for SMAs and historical committees. We were only waiting on the water meter to be upgraded which was in process during the fire. Being allowed to rent out our rebuild as a short-term rental allows us the opportunity to have a place in Maui. Please make it easy to rebuild and let those who were working on permits prior to the fire, be able to continue with their plans.

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    Guest User about 1 month ago

    I’m writing in support of SB105 but strongly oppose the amendment to restrict STRs. Bill 105 is a helpful step toward rebuilding and restoring communities affected by the Lahaina fire. Please allow rebuilding of non-conforming structures in the burn zone and do everything possible to expedite the healing of ALL of Lahaina.

    I strongly oppose the amendment to SB105 which excludes non-conforming transient vacation rentals from resuming business. ALL property owners should be able to use their properties as they did before the fire. These property owners care deeply about the community in which they lost homes. It would be very unfair to punish people who have suffered so much hardship already.

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    Guest User about 1 month ago

    I’m writing in support of SB105 but strongly oppose against the amendment to restrict STRs. Bill 105 is crucial step toward helping rebuild and restore communities affected by the recent fires on Maui. The ability to rebuild non-conforming structures in the burn zone can offer a path for residents to return to their homes, businesses and communities.

    However, I strongly oppose the amendment to SB105 which excludes non-conforming transient vacation rentals from resuming business. All property owners should be able to use their properties as they did before the fire. It would be very unfair to punish people who have suffered so much hardship already.

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    Guest User about 1 month ago

    I support Bill 105 which allows properties with non-conforming uses to be rebuilt after disasters such as the August 8, 2023 Lahaina fire … even if they sustained more than 50% damage. There was unimaginable loss after this devastating fire. People lost their homes, their businesses and their livelihood and this bill is essential for the recovery of Lahaina’s properties, businesses and community. Everyone should have the right to recreate what they lost through no fault of their own.

    However, I oppose the amendment proposed by Councilwoman Tamara Paltin, which would prevent STRs from resuming operations if they were discontinued for 12 consecutive months due to an emergency or disaster. It is wrong that fire victims be penalized for circumstances beyond their control.

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    Guest User about 1 month ago

    I am support of bill 105 however I oppose the amendment proposed by Councilmember Tamara Paltin, which would prevent non-conforming transient vacation rentals from resuming operations if they were discontinued for 12 consecutive months due to an emergency or disaster. Fire victims should not be penalized for circumstances beyond their control

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    Guest User about 1 month ago

    February 2, 2025

    Chair Tamara Paltin
    Vice Chair Nohelani U’u-Hodgins
    Disaster Recovery International Affairs, and Planning (DRIP) Committee

    Re: Bill 105 (2024) Amending section 19.500.110, Maui County Code, Regarding Nonconformities.

    Aloha Chair Paltin, Vice Chair U’u-Hodgins, and members of the Committee,

    My name is John Mark Mageo, Employee Relations and Government Affairs Manager of ABC Stores. I appreciate this opportunity to testify on behalf of our company. ABC Stores Support Bill 105 (2024).

    Thank you to the administration and planning department for introducing an essential bill and to Chair Paltin for hearing it. We currently have three stores, which is part of the 600 businesses that were impacted by the wildfires. Until today, our three stores are yet to reopen.

    The proposed amendments will allow for the reconstruction of nonconforming structures that have been damaged or destroyed by the disasters, ensuring that these structures can be rebuilt in compliance with current building and safety codes. This is a vital step in helping our community recover more swiftly and effectively from such events.

    By permitting the restoration of nonconforming structures and uses, this bill provides much-needed flexibility and support to property owners who have suffered losses. It acknowledges the unique challenges faced by our community and offers a practical solution that balances the need for safety with the realities of disaster recovery.

    Any step forward is a step in the right direction, and this bill will help make that possible. We deeply apricate your time and attention, and we thank you for considering this important measure.

    Mahalo,
    John Mark Mageo
    ABC Stores
    Employee Relations and Government Affairs Manager