Bill to allow guest houses on Kauaʻi to address housing shortage passes in committee

To address housing shortages on Kauaʻi, the County Council unanimously approved a bill on Wednesday that would allow the building of guest houses on land zoned residential, agricultural, commercial, open and university. 

Bill 2933 would allow one guest house per dwelling unit on land in those specific zones. Guest houses are defined by the county as units with a maximum of 800 square feet, with an optional kitchen and bathroom. They also can’t be subdivided and sold or owned separately from the main dwelling. 

The bill prohibits the guest houses from being used for transient vacation rentals or other short-term stays. 

It passed its first reading on Sept. 11, and it will most likely be scheduled for a second reading at a future council meeting. If it passes the second reading, it goes to the mayor for approval.

During the Planning Committee meeting, Council Chair Mel Rapozo, who co-introduced the bill with Councilman Billy DeCosta, highlighted the legislation would help local families, especially those on agricultural lands. 

The bill started because generations of families living on agricultural land have had “absolutely no ability” to build any additional structure for their expanding families, Rapozo said. 

He contrasted wealthy people from off-island being able to come to Kauaʻi to build private “dream castles to get away from it all,” yet local families living on agricultural land cannot build on their large properties due to county restrictions. 

“The wealthy individuals can have 20 bedrooms, but our local families cannot build a separate unit,” he said. 

Residential property owners on Kaua’i’s urban land use districts are already permitted to build accessory dwelling units or up to two accessory residential units, but that doesn’t apply to agricultural land.

County Planning Director Kaaina Hull said the Planning Department was supportive of the measure largely due to the county’s septic system and cesspool issues that make it more difficult to build accessory dwelling units and accessory residential units, which require both a kitchen and a bathroom. 

“A single septic system can’t service three kitchens,” Hull said.

Since guest houses are not required to have a kitchen or bathroom, it may make it possible to have them approved on properties that were previously denied for other types of units, Hull said.

Councilman Ross Kagawaa asked Hull to consider whether the bill would violate the county’s general plan, which guides its land use development and growth policies — and does include policies that recommend not increasing suburban sprawl and urbanization of agricultural land.

The general plan focuses development, uses and density “within and around existing towns to preserve agricultural land and the open space between towns. It states it seeks to avoid sprawl on agricultural land due to limited rural infrastructure and increased traffic, which would undermine “Kaua’i’s sense of rural character.”

However, Hull said the bill and how it’s drafted does not allow for the suburbanization that the general plan tries to protect against because the guest house unit needs to be tied to a dwelling unit as an accessory. 

“This nominal size unit, associated with the existing dwelling unit … I don’t see that as being urbanization or suburbanization of agricultural land,” Hull said. 

On lots with multiple dwellings, each dwelling would be allowed its own guest house. 

To address concerns about the possibility of overdevelopment and infrastructure issues, an amendment was introduced to prohibit guest houses on parcels that already have an additional dwelling unit. 

This gives property owners the option of building an additional rental unit or a guest house but not both. The amendment also states property owners can convert the guest house to a dwelling unit, but that no additional guest house can be constructed.

DeCosta said the amendment would ensure that the “buildout doesn’t get crazy,” addressing concerns about overdevelopment and lack of infrastructure.

Another amendment limits the number of guest houses in tsunami evacuation zones west of the Hanalei River to a maximum of one per lot.

Fire Chief Michael Gibson said he understood the need for additional residential properties, but his main concern was access for fire crews during an emergency. 

More density of structures, with the likelihood of more cars that are parked in an area, makes it harder to get into an area, he said.

“The longer it takes us to get in somewhere if the access is impeded, the fire is going to be larger. And then we’re at a disadvantage when we show up,” Gibson said. 

He also addressed concerns from Councilwoman Felicia Cowden about “water-constrained” areas, which include Moloaʻa, KĪlauea and Wailua homesteads.

“Water could be a challenge” on agricultural lands, but plans would be reviewed on a “case by case basis” as recommended by the Planning Department. Alternative water supply solutions could be considered, including the possibility of adding a water reservoir, Gibson said.

Council members were largely supportive of the measure. Rapozo and Council member Bernard Carvalho said it would “keep Kaua’i Kaua’i,” allowing an opportunity for local families to continue living on the island.

DeCosta claimed that a “poor vision” for housing by some council members has caused “the can to continue to be kicked down the road” for years.

DeCosta said he went to the administration “almost begging” to do something great for Kauaʻi, and that the plan would allow local families to keep living on Kauaʻi while following the general plan that agricultural lands should continue to be used for agriculture.  

Rapozo shared similar thoughts about the bill helping local families, saying no other council has been willing to pass a similar measure because of a “fear that it was going to blow up neighborhoods.”