The Honolulu City Council passed its massive land use bill that will impact construction, business and housing across the island.
The council has been working on the measure for the last two years. It’s over 250 pages and impacts every type of land usage on Oʻahu.
Councilmember Esther Kiaʻāina introduced the measure. She explained that Bill 64 is a complete replacement of the island’s land use regulations.
“We have all tried our best to craft sound, meaningful, reasonable, appropriate, and practical laws to govern the different type of land uses, their definitions and standards, and the zoning districts in which they are allowed,” she said.
“I believe we have arrived at a good bill and I think that while not everyone may be 100% in agreement with all portions of this bill, I think we can all be proud of the final version of this ordinance.”
The last time Honolulu overhauled its land use ordinances was in 1990. Bill 64 was meant to modernize the laws and better address issues that were not anticipated over 30 years ago.
Kiaʻāina added that if there needed to be changes in the future, the council could make them through future bills.
Defining short-term rentals
The measure would allow accessory dwelling units and ʻohana units on the same lot. Currently, only one is allowed.
One of the provisions that sparked the most controversy is the definition of a transient vacation unit, also known as a short-term rental.
Until Wednesday's council meeting, a previous version of the bill would have reverted Oʻahu’s definition of a transient vacation unit to fewer than 30 days — a decrease from the current threshold of 90 days.
However, the final version of the measure was amended to preserve the 90-day definition. This is despite a January court injunction that blocks the city from actually enforcing the rule beyond 30 days.
Councilmember Tyler Dos Santos-Tam explained that it’s still important to keep the definition in the bill.
“But if you take a closer look at the text of what the injunction really says, it says that the enforcement of that ordinance was enjoined specifically, quote, until and unless the city establishes a process to protect the existing non-conforming uses that were in use at that time, and it's actually silent upon future changes that we may make,” he said.
“I’ll also note that the state passed Act 17 that allows us to perhaps in the future, as a result of discussion, deal with short-term rentals between 30 and 89 days.”
He’s referring to the recently passed state law that gives counties more power over limiting short-term rentals.
More short-term rentals in ʻEwa Beach?
This wasn’t the only short-term rental item in the bill. It would also allow short-term rentals in apartment-zoned land along Hoakalei Resort and Lagoon in ʻEwa Beach. It would impact over 800 units being developed by the real estate company Haseko.
Several testifiers opposed this, including former Councilmember Kym Pine who represented the area before Councilmember Andria Tupola.
“This land in question is not yet developed. This gives Haseko the ability to make all 842 units vacation rentals as soon as possible and sell the units for two to four times more,” Pine wrote.
“This amendment could give Haseko a billion [dollar] windfall with no requirements for the developer to assist the City or the community who would absorb up to 10 times more persons on our roads, parks, and beaches under this new plan.”
However, Tupola maintained that it will be contained to the resort area as imagined in the ʻEwa Development Plan and the Oʻahu General Plan.
Tupola added that where this is also permitted in Koʻolina, only about 30% of the units actually use it as a short-term rental.
The changes also include requiring group living facilities with nine or more residents to obtain a major conditional use permit. It also limits these types of facilities to apartment and business mixed-use zoned areas.
Bill 64 also added clear definitions that distinguish between eating and drinking establishments, and a nightclub and bar. It was in an effort to address concerns about noise and late-night operations.
Land use changes for agriculture and energy
The bill also changes rules for agricultural land and related activities, including agritourism, farm housing and farmers markets.
One of the major updates would require at least 51% of a plot of farmland to be dedicated to food production — either crop production or raising livestock or poultry. Ensuring the use of agriculture-zoned land for farming was one of the top priorities for some farming advocates.
" There was a lot of work to really ensure that you're not hurting operations that are actually active agricultural production and doing the right thing, and also trying to crack down on some of those that might be out there that are abusing the system and taking advantage of a lot of the benefits that come with being on agricultural lands,” said Micah Munekata, director of government affairs for the Ulupono Initiative.
The Ulupono Initiative hopes the new land use ordinance deters gentleman’s farms and minimizes non-production uses on farmable land.
The proposed rules also include a variety of setback measures. That means some agriculture activities must be a certain distance from a property line.
For example, large-scale agricultural processing must be at least 1,500 feet from a property line, while animals can’t be raised within 300 feet of a property’s border.
In general, farming stakeholders say the measure would protect Oʻahu’s agricultural lands.
“ This is not a perfect bill — 280 pages, how can it be perfect? But after three-and-a-half years of working, we think we came up with some good, solid changes that will really protect our agricultural lands,” said Brian Miyamoto, executive director for the Hawaiʻi Farm Bureau.
Micah Munekata said the version of Bill 64 that passed is a good starting point, but that the city needs to make sure it has enough resources for enforcement.
The council also voted to reconvene an agricultural task force to work with city lawmakers on future policy. That could include cleaning up issues with the new land use ordinance.
Wind turbines on the North Shore
The bill also proposes regulations on how the public and different institutions can use land.
Rules were added for communication towers, including those used by cellular companies, as well as for gyms, swimming pools, courts and other facilities, which are defined as “community-based recreation centers.”
The rules will affect energy companies — specifically those that produce energy with wind turbines. Rules for wind turbines have been among the most discussed topics in the proposed land use ordinance.
The version that passed through the council would require turbines to be set back at least 1.25 miles from certain property lines, including residential lots.
That was in response to community members who said the turbines can be a problem for those who must spend a lot of time near them.
“ Blade throw, tower collapse, fire, shadow flicker, audible noise and infrasound negatively impact individuals and families who live in the area near turbines worldwide, including our own Kahuku community,” said Sunny Unga, who represents the Kahuku Community Association.
Unga and other testifiers opposed the 568-foot wind turbines that were installed on Oʻahu’s North Shore. That wind farm led to public protests and dozens of arrests in 2019.
Opponents said the turbines are too close to homes and schools, and that the new setback rules could help limit the problems they cause.
“Adequate setbacks remain the most effective safety measure to lessen, prevent and even mitigate these negative impacts to host communities. This increase to a 1.25-mile setback represents a significant progress towards a just, equitable energy transition,” Unga said.
Other changes in the new land use ordinance affected biofuel processing and manufacturing facilities.
Councilmember Calvin Say was the only no-vote on Bill 64 as he disagreed with the additional restrictions put on wind turbines in the measure. The measure will go to Mayor Rick Blangiardi for his signature.
