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The Honolulu Advertiser
Posted on: Wednesday, December 2, 2009

Final vote on B&B bill is Dec. 16


By Gordon Y.K. Pang
Advertiser Staff Writer

The long-running, highly charged debate over bed and breakfast lodgings could be resolved when a bill allowing more of them comes up for a final vote before the City Council on Dec. 16.

The council Zoning Committee yesterday advanced a bill permitting new B&Bs in residential neighborhoods. It's the farthest the council has come toward lifting a moratorium on new B&Bs enacted in 1989.

The vote on Bill 08-07 in the five-member committee yesterday was 3-2, but at the final vote before the full council, it must get at least six of nine votes to pass.

"This may be a work in progress," said Councilman Nestor Garcia, who raised several concerns yesterday about the current draft of the bill. Garcia, Zoning Chairman Rod Tam and Ikaika Anderson voted for the bill yesterday; Romy Cachola and Gary Okino voted against it.

Anderson, who represents Windward O'ahu, which has been one of the key battlegrounds for B&Bs, sponsored the latest draft. The draft allows for a maximum of about 1,275 B&Bs total. City Planning and Permitting Director David Tanoue estimated there are now about 50 licensed B&Bs and said his agency cannot say how many illegal ones are operating.

Anderson said the key to his proposal is to ensure that only owner occupants are eligible to receive a B&B permit. A home-owner's exemption on property taxes would be required as proof.

"You may own (many) properties, but you can only have a homeowner's exemption for your primary residence," Anderson said.

The bill would allow new B&Bs only in residential-zoned areas. A B&B would not have to be in the same structure where the homeowner lives, but must be on the same property.

Besides an islandwide limit based on one-half of 1 percent of all residential properties, there would be a cap on the number of B&Bs in each of the nine council districts. Each B&B could have up to three bedrooms, and a maximum of two guests per bedroom.

Cachola, among the bill's opponents, said he's worried about how a proliferation of B&Bs will effect the hotel industry and its workers.

Okino said 1,200 B&Bs are too many and continued to push for a "separation" provision that would require B&Bs to be at least 500 feet apart.

Tanoue, meanwhile, said he anticipates his department will need to create a new division to handle B&B permit requests. Several council members suggested that the $500 permit, renewable every two years, as well as fines should be earmarked to pay for the cost of administering B&Bs.

Thirty-four people testified on the bill yesterday. B&B supporters outnumbered opponents by about 2 to 1.

Kailua Neighborhood Board Chairman Charles Prentiss said the board not only voted unanimously to strongly oppose the bill, but also on a motion calling on the council to take up a dormant bill to require the city to enforce existing B&B laws more stringently.

The bill is "a slap in the face to the community," Prentiss said.

Several B&B supporters, however, testified that opening up a B&B allowed them the income necessary to keep their homes in the midst of financial hardships.

Erlinda Lopez of Waimänalo said she is not looking to get rich with a B&B. "I am a widow, and I've been left with a property that is my home," Lopez said. "And in order for me to maintain that home and not be forced to move, I have chosen to rent a few rooms out.

"I'm not a corporation."