STAND. COM. REP. NO.2768
RE: S.B. No. 2007
Honorable Robert Bunda
President of the Senate
Twenty-First State Legislature
Regular Session of 2002
State of Hawaii
Your Committee on Tourism and Intergovernmental Affairs, to which was referred S.B. No. 2007, S.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO LAND USE,"
begs leave to report as follows:
The purpose of this measure is to authorize the counties to permit home occupations in the agricultural district without requiring a state special permit.
Testimony in support of this measure was received from the Department of Business, Economic Development, and Tourism Office of Planning, Land Use Commission, Department of Agriculture, County of Hawaii Planning Department, City and County of Honolulu Department of Planning and Permitting, Atherton & Associates, Bello Realty, Inc., DK Levin Company, Hono Hu`aka Tropical Plantation, Hookipa Haven Vacation Services, LLC, Kahua O`Mali`O Bamboo Farm, Tradewind Beach House, and seventeen individuals. The Hawaii Farm Bureau, Sierra Club Hawai`i Chapter, and Hawaii's Thousand Friends testified in opposition.
Your Committee finds that the agricultural industry has evolved considerably since Hawaii's land use law was first approved, in part to protect agricultural lands from development. Large plantations have been replaced by small agricultural lots and today's farmers are faced with the difficulty of making a small land holding economically feasible. This measure would provide additional opportunities for farm families to supplement their agricultural income through home occupations.
Your Committee has heard concerns raised that the bill's proposed changes could result in an unintended proliferation of bed and breakfast operations and other intensive commercial uses, particularly where prime agricultural lands are involved, and that the improvements associated with such uses may result in an increase in agricultural property values in the affected area.
Your Committee finds this to be a valid concern and has amended this measure to address these issues, by:
(1) Clarifying that home occupations occupy limited total floor space, are not authorized in an allowed single-family dwelling, and do not allow employees;
(2) Requiring the counties to develop standards and criteria in coordination with the Office of Planning, State Land Use Commission, and Department of Agriculture, with one criterion or standard being that the counties verify upon application for home occupation, that farm dwellings and other accessories are accessory agricultural uses under Section 205-4.5(a)(4), Hawaii Revised Statutes; and
(3) Further amending the definition of "home occupation" to change "single-family dwelling within the dwelling" to "farm dwelling".
As affirmed by the record of votes of the members of your Committee on Tourism and Intergovernmental Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2007, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 2007, S.D. 2.
Respectfully submitted on behalf of the members of the Committee on Tourism and Intergovernmental Affairs,
DONNA MERCADO KIM, Chair