What is Bill 7? How does Bill 7 it relate to 330 kuulei affordable housing?
Aloha Friends and Neighbors,
Bill 7 in a nutshell:
Bill 7 allows developers to build "affordable housing" buildings without notifying neighborhoods, neighbors, or asking for permission.
(HERE ARE THE LINKS TO THE BILL)
https://hnldoc.ehawaii.gov/hnldoc/document-download?id=4694
https://hnldoc.ehawaii.gov/hnldoc/document-download?id=6760
Bill 7 Basics:
Bill 7 is a City of Honolulu law, passed about 10 years ago that allows developers to receive large tax breaks, straight up cash and low interest loans, for "affordable" apartments.
Developers ONLY NEED APPROVAL FROM THE (DPP) Department of Planning and Permitting.
The DPP are the gatekeepers of which projects get approved and denied, NOT the town boards or planning committees.
These buildings can be built up to 60 feet/6 stories on commercial lots 20,000 sq ft or less [remember that the height limits (WHICH ARE LAWS) in Kailua for commercial buildings is 40 feet, that's why we're talking about this at all].
This bill pits law against law. Bill 7 (a law) does not supersede the Sustainable communities plan (also a law).
HERE'S THE BILL 7 FACT SHEET:
The purpose of Bill 7 is to establish a temporary program to accelerate the construction
of affordable rental housing on underutilized land zoned for multifamily dwellings by
relaxing certain zoning and building code standards, and offering certain financial
incentives.
Bill 7 recognizes that the cost of land and construction in Honolulu is one of the highest
in the nation and there are many small parcels in the apartment and business mixed
use zoning districts that have limited development potential due to the high cost of
development of affordable rental housing. In addition, high-density development on
these small parcels of land is often not feasible, even in transit-oriented development
special districts, due to the small size of the parcels. The current affordable housing
crisis could be addressed, in part, by encouraging the development of at least 500 new
affordable rental housing units per year on these small parcels.
Bill 7 became effective on May 21 st , 2019, and will sunset on May 21, 2024, unless
extended by City Council amendment. The ordinance was further amended by
Ordinance 20-13.
Here are the links to Bill 7/Ordinances:
https://hnldoc.ehawaii.gov/hnldoc/document-download?id=4694
https://hnldoc.ehawaii.gov/hnldoc/document-download?id=6760
These are some of the highlights of Bill 7:
- “Affordable Rental housing project” means a multifamily dwelling containing only
dwelling units that meet the following:
1. At least 80% of the total units are rented to households earning 100 percent
and below of the Average Medium Income (AMI), and rented at or below the
rental rate limits established by the U.S. Department of Housing and Urban
Development for households earning 100% of the AMI for the applicable
household size or less;
2. The affordable units must be rented at or below the rental rate limits for
households earning 100% AMI for a period of at least 15 years after a
certificate of occupancy is issued for the project.
3. No more than 20% of the total units in the affordable rental housing project
are occupied by the property owners or individuals who are related by blood,
marriage, or adoption to the property owners; and
4. The fee owners of the land on which an affordable rental housing project is
situated shall execute a declaration of restrictive covenants, and shall file a
copy thereof with the department of planning and permitting prior to the
issuance of a building permit for the affordable rental housing project.
Bill 7 projects are a permitted use in the apartment, apartment mixed use, and
business mixed use zoning districts, and in the apartment precinct, including the
apartment mixed use sub-precinct of the Waikiki special district, pursuant to ROH
Chapter 21.
Units in an affordable rental housing project must not be used as a bed and
breakfast home or transient vacation unit.
A Bill 7 project is processed as ministerial building permit, and is not subject to
City Council approval or any other discretionary approvals.
If the Director of the Department of Planning and Permitting determines that the
use of the affordable rental housing project is abandoned; or that an owner, or
the heir, successor, or assign of the owner is violating any of the permitted uses,
development and standards and other requirements of Bill 7, the violator will be
subject to enforcement, including potential civil fines.
Bill 7 projects are subject to the following development standards:
Development Standard Requirement
Maximum lot area 20,000 square feet
Minimum front yard 10 feet, or the minimum front yard
required by the underlying zoning,
whichever is less.
Minimum side and rear yards 5 feet, or the minimum side and rear
yards required by the underlying
zoning, whichever is less.
Maximum building area 80% of the zoning lot
Maximum building height 60 feet
Maximum density 4.0 FAR
Height setbacks None
Off-street parking None
Bicycle parking None
Off-street loading None, provided that loading and
garbage storage must be
accommodated on site.
Yard encroachments Parking, including bicycle parking, is
allowed in the side
and rear yards.
One loading space may encroach a
maximum of 5 feet
into the front yard.
Required fire exit stairwells and fire
corridors may
encroach into the front yard by a
maximum of 5 feet
Parking, including bicycle parking, may extend into side and rear yards, provided
that a solid wall, with a minimum height of four feet and a maximum height of six
feet, is built along the applicable side or rear property boundary.
The maximum number of affordable rental housing units for each zoning lot is
determined by dividing the square footage equivalent of the maximum allowable
FAR for that zoning lot, excluding any public open space bonus FAR, by a factor
of 800, and rounding down to the nearest whole number.
Affordable rental housing projects must comply with all applicable laws, including
but not limited to the federal Fair Housing Act, the Americans with Disabilities
Act, and Section 504 of the Rehabilitation Act of 1973.
The building and housing code requirements of ROH Chapters 16 and 16A
respectively, apply to Bill 7 projects. In the event of a conflict between applicable
provisions, the Bill 7 provisions prevail.
Bill 7 sets forth specific Building Construction Standards that modify building
heights and areas, types of construction, fire-resistance rated construction and
requirements, fire protection system requirements, means of egress, fire escape
stairs, etc.
Wastewater system facility charges are waived for Bill 7 projects.
Subdivision requirements under ROH Chapter 22 do not apply to Bill 7 projects.
That portion of real property used for affordable rental housing units and
construction work under Bill 7 are exempt from real property tax for a ten-year
period.
Bill 1 / Ordinance 21-12 provides grants to incentivize the construction of Bill 7
projects. Developers may receive up to $9,000 or $15,000 per unit, depending
on the AMI.
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Information from the Bank of Hawaii BOH on how to use bill 7 as a developer
https://info.boh.com/Making-the-Most-of-Bill-7.html
Kailua - Koolaupoko sustainable communities plan (WHICH IS LAW)
https://luc.hawaii.gov/wp-content/uploads/2019/12/A17-804-DPP-Exhibit.pdf
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Mahalo folks, I hope this helps
David Santander
PS
Let them know if you are for or against Bill 7 and the 330 Kuulei project being built beyond and above the town’s 40 foot height limit laws! [whatever you do, please be kind]
1). Dawn Takeuchi Apuna - Director
Jiro Sumada - Deputy Director
Department of Planning and Permits
“For complaints and investigations, call” (808) 768-8116
(These folks are the ones who can allow or stop this project!)
Here’s the link to their directory: https://www.honolulu.gov/dpp/organization-contacts.html
2). Contact Kailua town Board Members and let them know how you feel:
levani.knb@gmail.com, wellerge@manaikaika.com, ctomasa@gmail.com, code900@aol.com, billhicksknb@gmail.com, donnawong967@gmail.com, jade.lau.808@outlook.com, treckers001@hawaii.rr.com, kelliann.hawaii@gmail.com, josiahakau@mac.com, cmiyashiro.knb@gmail.com.
3). Contact Media and let them know how you feel.
4). Contact Dean and Makani Maeva about the project directly @ their email address
5). If you have information you’d like to share, or opinions about the project, shoot us an email!
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