The Honolulu City Council is one step away from passing a moratorium on larger new houses on Oahu despite lingering questions from both Council members and the public about the implications of such a ban.
A final vote on Bill 110 will take place at a special meeting Feb. 13, Council Chairman Ron Menor’s office confirmed Monday. A time for the meeting needs to be sealed by end of day Wednesday.
Those seeking to curb large-scale houses say they make a mockery of zoning laws and that some are being used for illegal long-term rentals, vacation rentals or other businesses not allowed. Critics also complain that even when legal they are unsightly and out of place in older residential neighborhoods and overburden sewer capacity, street parking and other infrastructure.
Council Planning Chairman Ikaika Anderson made a key change in the latest draft regarding the formula for determining what would constitute a large detached dwelling, a so-called monster house. A dwelling could not exceed a certain floor area ratio, also known as FAR or density, based on a sliding scale that would allow a smaller percentage of living area for larger lots.
Under the formula, houses could not have an FAR greater than 0.75 for lots up to 3,500 square feet, 0.70 for lots between 3,501 and 5,000 square feet, 0.65 for lots 5,001 to 7,500 square feet, 0.60 for lots 7,501 to 10,000 square feet, 0.55 for lots 10,001 to 15,000 square feet and 0.50 for lots of 15,001 square feet or greater.
FAR is determined by dividing the total floor area, or living area, of a house by the total lot size. So a 2,500-square-foot house on a 5,000-square-foot lot has a 0.5 FAR.
Under the previous draft, the moratorium was to cover any planned house of 3,500 square feet or more, regardless of lot size, a plan that drew the ire of the Building Industry Association of Hawaii and others in the home-building industry.
Homebuilders who fall outside the FAR formula still would be able to obtain building permits from DPP during the moratorium, which would last up to two years as DPP and the Honolulu Planning Commission determine more permanent ways to tackle the proliferation of large-scale houses. Those wishing to put up larger houses in the interim still could do so but would need to make their cases and obtain building permits from the Council rather than administratively through DPP.
Another key change approved by the committee Wednesday makes it OK for homebuilders who have received previous use permit approvals to obtain building permits, even if they don’t meet the FAR requirements in the bill.
Anderson said he is open to other changes to the bill but is adamant that large “obscene” buildings should no longer be allowed in residential neighborhoods.
Councilwoman Kymberly Pine said she is worried that the FAR scale may be too onerous and affect those with completely legitimate intentions. Pine said she grew up in a multigenerational home as many have in her district. “What concerns me is some communities accept this type of building and others do not,” she said, urging her colleagues not to fast-track the bill.
Public testimony was split between those who feel a strict moratorium is needed immediately and those who believe the bill as written still could result in unintended consequences.
Kalihi resident Babette Lilinoe Galang said she opposes the bill because her family is pooling its resources to build a multigenerational house on a 9,000-square-foot lot and is awaiting approval for a building permit application that was submitted in September. “We’ve spent over three years of time-consuming planning and have already spent well over $30,000 preparing for a permit for a house that adheres to all rules and regulations and is pono in its design and intent,” she said.
But Kaimuki resident Christine Otto Zaa said more than 30 “monster apartments” have come up in her neighborhood with more on the way. “This moratorium needs more teeth,” she said. She pointed to several structures that would fall under stricter FAR requirements. “These aren’t multigenerational homes; these are properties the neighborhood has identified as illegal rentals.” She asked that bathrooms be restricted based on size and that the Council also look into runoff issues. Regarding a tiered FAR approach, Zaa said allowing larger structures on smaller lots would allow the worst offenders to continue.