HOUSE OF REPRESENTATIVES

H.B. NO.

2725

TWENTY-NINTH LEGISLATURE, 2018

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO HOUSING.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  The legislature finds that there is a severe shortage of affordable and workforce rental housing in Hawaii, and that zoning and permitting restrictions can contribute to this shortage.  The legislature therefore believes that amending certain land use restrictions will promote the increased supply of affordable housing.

     The purpose of this Act is to allow affordable housing to be placed in agricultural and rural districts if certain conditions are met.

     SECTION 2.  Section 205-6, Hawaii Revised Statutes, is amended to read as follows:

     "§205-6  Special permit.  (a)  Subject to this section, the county planning commission may permit certain unusual and reasonable uses within agricultural and rural districts other than those for which the district is classified.  Any person who desires to use the person's land within an agricultural or rural district other than for an agricultural or rural use, as the case may be, may petition the planning commission of the county within which the person's land is located for permission to use the person's land in the manner desired.  Each county may establish the appropriate fee for processing the special permit petition.  Copies of the special permit petition shall be forwarded to the land use commission, the office of planning, and the department of agriculture for their review and comment.

     (b)  The planning commission, upon consultation with the central coordinating agency, except in counties where the planning commission is advisory only in which case the central coordinating agency, shall establish by rule or regulation, the time within which the hearing and action on petition for special permit shall occur.  The county planning commission shall notify the land use commission and such persons and agencies that may have an interest in the subject matter of the time and place of the hearing.

     (c)  The county planning commission may, under such protective restrictions as may be deemed necessary, permit the desired use, but only when the use would promote the effectiveness and objectives of this chapter; provided that a [use]:

     (1)  Use proposed for designated important agricultural lands shall not conflict with any part of this chapter[.  A decision];

     (2)  Decision in favor of the applicant shall require a majority vote of the total membership of the county planning commission[.]; and

     (3)  Special permit to use land within an agricultural or rural district for affordable housing shall be:

          (A)  Valid for twenty years, with a commencement date to be determined by the land use commission pursuant to subsection (h)(1); and

          (B)  Denied or revoked if at any time the applicant or any other owner of the land in question fails to meet the requirements of subsection (g)(2) or (3).

     (d)  Special permits for [land]:

     (1)  Land the area of which is greater than fifteen acres [or, for lands];

     (2)  Lands designated as important agricultural lands; or

     (3)  Affordable housing,

shall be subject to approval by the land use commission.  The land use commission may impose additional restrictions as may be necessary or appropriate in granting the approval, including the adherence to representations made by the applicant.

     (e)  A copy of the decision, together with the complete record of the proceeding before the county planning commission on all special permit requests involving a land area greater than fifteen acres [or], for lands designated as important agricultural lands, or for affordable housing, shall be transmitted to the land use commission within sixty days after the decision is rendered.

     Within forty-five days after receipt of the complete record from the county planning commission, the land use commission shall act to approve, approve with modification, or deny the petition.  A denial either by the county planning commission or by the land use commission, or a modification by the land use commission, as the case may be, of the desired use shall be appealable to the circuit court of the circuit in which the land is situated and shall be made pursuant to the Hawaii rules of civil procedure.

     (f)  Land uses substantially involving or supporting educational ecotourism, related to the preservation of native Hawaiian endangered, threatened, proposed, and candidate species, that are allowed in an approved habitat conservation plan under section 195D-21 or safe harbor agreement under section 195D-22, which are not identified as permissible uses within the agricultural district under sections 205-2 and 205-4.5, may be permitted in the agricultural district by special permit under this section, on lands with soils classified by the land study bureau's detailed land classification as overall (master) productivity rating class C, D, E, or U.

     (g)  The land use commission may approve a petition filed under subsection (a) to use land within an agricultural or rural district for affordable housing if the:

     (1)  Applicant has a valid and current affordable housing special permit issued pursuant to subsection (c) by the county in which the land is located;

     (2)  Development of affordable housing is consistent with the county community plan and general plan; and

     (3)  Applicant has demonstrated to the land use commission's satisfaction that:

          (A)  The land will be used to develop and lease affordable housing for the duration of the affordable housing special permit;

          (B)  The affordable housing will be maintained in a manner that does not interfere with adjacent agricultural activity; and

          (C)  Development of the affordable housing will not have an adverse impact on cultural practices or resources; historic artifacts; the environment; traffic; potential agricultural production, unless offset elsewhere; or any assets held in the public trust;

provided that the land use commission shall rescind its approval of the petition if the applicant or any other owner of the land in question fails to meet the requirements of paragraphs (1) through (3).

     (h)  If the land use commission approves a petition filed under subsection (a) to use land within an agricultural or rural district for affordable housing, the:

     (1)  Land use commission shall determine the commencement date of the affordable housing special permit issued to the applicant pursuant to subsection (c); and

     (2)  Owner of the land for which the petition was approved shall not be required to adhere to the district boundary amendment requirements of section 205-4.

     (i)  At the expiration of an affordable housing special permit issued pursuant to subsection (c), the owners of the land for which the permit was issued shall:

     (1)  Demolish and remove each housing structure constructed on the site to allow for the land to be used for agricultural purposes; or

     (2)  Apply to reclassify the land into the urban district pursuant to section 205-2.

     (j)  As used in this section:

     "Affordable housing" means the lease of all the units within a multi-family residential structure containing four or more units, with each unit leased at a rate that is between       per cent and       per cent of the median household income in the county in which the unit is located.

     "Unit" means a part of a multi-family residential structure that is used as a residence by one person or by two or more persons maintaining a common household, to the exclusion of all others."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 2018.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

LUC; Affordable Housing; Agricultural and Rural Districts

 

Description:

Allows development of affordable housing in agricultural and rural districts if certain conditions are met.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.