Housing Land Use Committee Meeting Summary (January 5, 2026)
STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE
Housing Land Use Committee Meeting Summary (January 5, 2026)
The Housing Land Use Committee convened on January 5, 2026, to discuss Resolution 25-230, which proposes creating new H3 and H4 zoning districts to facilitate the continued operation of certain Transient Vacation Rental (TVR) units currently in A1 and A2 districts while preventing further expansion of uses. The meeting featured introductions of proposed amendments by Councilmembers Paultin and Rollins Fernandez, extensive public testimony regarding sea level rise, shoreline access, and specific properties like Maui Sands, and a transition to executive session to consult legal counsel on liability and zoning eligibility.
Consent Calendar
- No routine approvals were listed or taken during this session.
Public Comments & Testimony
- John Chason (Maui Sands One Owner): Expressed concerns regarding the unique economic and environmental vulnerabilities of Maui Sands, including a 65% underfunded maintenance reserve, a land lease expiring in 2037 (limiting mortgage availability), and severe sea level rise risks where 3.2 feet of rise would cause complete flooding. He pleaded to have Maui Sands included on the county-initiated zoning change list (Exhibit Two).
- Ryan Logtenberg (Maui Sands Owner): Argued in full support of preserving Maui Sands as a historic vacation complex, stating its leasehold structure and economic model do not support long-term housing. He opposed displacement of the property's historic function.
- Kaina Nishiki (Resource to TIG/Former West Maui Community Plan Chair): Expressed strong concern that without amendments, the proposal risks increasing property values for offshore owners while ignoring climate risks in the Sea Level Rise Exposure Area (SLOREX). She requested the convening of experts to develop fiscal protections and safeguards.
- Albert Perez (Planner/Community Member): Stated opposition to specific language referencing A1/A2 districts, arguing it is not good planning practice for the county code. He expressed concern that the current language might give "ammunition" to ongoing lawsuits regarding non-conforming uses.
- Jim Langford: Advocated for incorporating atmospheric water systems (dehumidifiers) into the zoning language to shift the burden of water production and maintenance costs onto the hotel operators.
- Jesse Law: Expressed support for the new zoning to address due process concerns but echoed concerns about over-complicating the code with references to other ordinances. He stated support for Councilmember Rollins Fernandez's amendment.
- Jackie Keefe: Expressed full support for Councilmember Rollins Fernandez's amendment regarding shoreline access and illegal armoring.
- Greg Rilski: Stated support for repealing Ordinance 4369 and asked for clarification on whether the new zones preclude applications to H1/H2. He requested the denial of all shoreline hardening permits in these districts due to failing infrastructure.
- Anonymous Testifier (7735): Expressed support for Resolution 25-230 as written but expressed full opposition to Councilmember Paultin's amendment, specifically questioning the clarity of "as available" parking requirements and the potential transfer of shoreline maintenance liability to property owners.
- Caitlin Miller (Maui Vacation Rental Association): Stated support for the creation of H3/H4 as a "like for like" transfer of A1/A2 standards. Expressed that sea level rise and shoreline impacts should be addressed in broader, county-wide legislation rather than in this specific zoning amendment.
- Testifier (Maui Sands Resident): Delivered an emotional testimony regarding personal trauma, loss of property, and land title claims based on indigenous sovereignty, expressing distress over the administration's handling of her lease and safety.
- Kai Maile Makekau: Attempted to testify but was cut off for exceeding time limits; previously noted as a resource to the TIG.
Discussion Items
- Bill Overview (Councilmember Cook): Clarified that Resolution 25-230 creates new zoning categories (H3/H4) that mirror A1/A2 standards specifically to allow continued TVR use without permitting new development. He emphasized the bill does not rezone specific properties yet but establishes the legal framework for future rezoning. He confirmed that other properties could apply for H3/H4 but that the TIG intent was to limit this specific process to those meeting A1/A2 criteria.
- Councilmember Paultin's Amendment: Proposed amendments including a requirement for 10% public shoreline parking (where available), public shoreline access, and a clause exempting the county from liability for future costs associated with sea level rise retreat and hazard mitigation. She argued that beach access is currently obstructed in many areas, requiring residents to swim or climb walls to reach the ocean.
- Councilmember Rollins Fernandez's Amendment: Proposed to embed accessory use lists directly into the code, prohibit the construction/maintenance/expansion of shoreline armoring, and add a "Coastal Transition and Phased Removal" section. This section would require agreements to remove non-ecosystem human-made objects (foundations, pools, retaining walls) and acknowledge liability exclusions for the county regarding retreat costs.
- Department of Planning (Mr. Post): Recommended explicitly stating the specific criteria for properties to qualify for H3/H4 to ensure only those meeting original A1/A2 TVR criteria are included. He expressed concern over the ambiguity of "as available" in Councilmember Paultin's amendment and the lack of defined standards for shoreline access (e.g., paving, ADA compliance). He noted that prohibiting shoreline armoring in a specific district would be unprecedented and recommended deferring detailed liability discussions to executive session.
- Land Jurisdiction (Mr. Nunukawa): Clarified that shoreline armoring often falls under the jurisdiction of the Board of Land and Natural Resources (BLNR), not solely the county.
- Executive Session: The committee moved to executive session to consult with Corp Counsel regarding the legality of the proposed amendments, specifically concerning liability releases, the definition of eligible properties, and potential legal challenges to the county.
Key Outcomes
- Continued Deliberation: The committee deferred action on Resolution 25-230 and the proposed amendments to future meetings after entering executive session for legal review.
- Agenda Clarification: Established that H3/H4 zoning is a prerequisite for any future rezoning of properties to TVR use and is not itself a rezoning of specific parcels.
- Legal Consultation: Proceeded to executive session under HRS 92-5A(4) to discuss council powers, duties, priviledges, and liabilities regarding the proposed amendments. The meeting concluded with a formal deferral of the item.
Meeting Transcript
Good afternoon, everyone. Well, the housing land use committee meeting of January 5th, 2026, please come to order. It is 137 p.m. I'm the chair of this committee, Nohelani Uuu Hajjans. Members, in accordance with the sunshine law, please identify by name who, if anyone is in the room, vehicle workspace with you today. Let's begin with committee vice chair Kalonoibutangan. Good morning, Chair. Or good afternoon, Chair. Thank you. Good afternoon. Councilmember Tom Cook. Good afternoon. Good afternoon. Councilmember Gabe Johnson, good afternoon. Good afternoon, Chair, Council members, community members. There's no testifiers at the Lanai district office, and I'm here and ready to work, Mahalo. Thank you. Council Chair Alice Lee. Good afternoon. Good afternoon, Chair. Councilmember Tamara Pautin, good afternoon. Alohawena la. Aloha. Councilmember County Rollins Fernandez. Good afternoon. Aloha awina la chair on this frosty winter day. Very frosty. There are currently no testifiers at the Molokai District Office. Mahalo. Thank you. It is too cold to leave the house, that's why. Councilmember Senency. I hope we all said that correctly, because you gave us a lesson today. So Senency. Aloha. And uh no testifiers in our chair Hawley Makaikyo. How olymakahio. And Councilmember Yukiley Suki Mura. Good afternoon. We have from the Department of Planning, Mr. Greg Post, Administrative Planning Officer. Do you know if director or deputy director will be joining us later? Okay. We'll look out for Deputy Director Anna Lillis later. From Corporation Council, we have Nahulu Nunukawa. Our committee staff include Jennifer Yamashida, committee secretary, James Kruger, Senior Legislative Analyst, Ellen McKinley, Legislative Analyst, Carlin Nakata, Legislative Attorney, and Jean Pokipala, Council Services Assistant Clerk. Please see the last page of the agenda for information on meeting connectivity. We have before us uh before I go into um uh opening comments rather or public testimony. I'll do a little brief intro of where we're at today. At last week's council meeting, we considered and postponed action on resolution 25-230, which would refer to the planning commission a proposed bill to amend the comprehensive zoning ordinance to establish H3 and H4 districts.
openpublica.com