Council passes CC&R bill in surprise unanimous vote

LIHU‘E — Legislation intended to mitigate the Kaua‘i housing crisis is headed to the mayor’s desk for approval, after Kaua‘i County Councilmembers unanimously voted to adopt Bill No. 2834 on final reading Wednesday.

The bill bans housing developers from writing covenants, conditions and restrictions that forbid homeowners to build additional dwelling units and additional rental units on their property.

The council’s united front could be deemed a surprise. Councilmembers Billy DeCosta, Felicia Cowden and Council Chair Arryl Kaneshiro opposed the measure when it last appeared before the council at its last meeting on Feb. 23.

“I will be voting in favor of the bill,” Kaneshiro said Wednesday. “…I was very critical of it the whole entire time, and at the last minute I’m more comfortable with it.”

Kaneshiro and DeCosta attributed their change of mind to a last-minute amendment and continued conversations with the Kaua‘i Planning Department and councilmembers.

The amendment, which Kaneshiro and DeCosta produced Wednesday, removes deed restrictions from the bill’s list of agreements unable to prohibit ADUs and ARUs.

“Without this amendment, I was always thinking that there’s still unpredictability on the buyer’s end and the developer’s end,” Kaneshiro said, arguing a given lot may not have the infrastructure needed to sustain additional dwelling units.

Planning Department Director Ka‘aina Hull said the amendment is in keeping with the legislation’s initial intent.

“Say the infrastructure is subpar. It gets deed-restricted in the subdivision level. But say, later on, the water department upgrades its infrastructure where ADUs can now be done,” Hull explained. “…Then the respective property owner could come back to us and say, ‘Would you mind signing off to now eliminate this deed restriction?’ And if the infrastructure is there now, we would.”

Cowden appeared hesitant in regard to the amended CC&R bill for much of Wednesday’s meeting. She reiterated past questions and concerns, including her belief overcrowded areas can spark “violence” between neighbors.

But Cowden ultimately approved the bill, casting the final “aye” in a roll-call vote at the end of council discussion.

“I feel like having available housing is pretty much our number-one issue on the island, so I support that part of it,” she said.

Councilmember Luke Evslin, who co-authored the legislation with Councilmember Bernard Carvalho Jr., thanked Kaneshiro and DeCosta for their contributions to the final product.

“It’s not going to solve the housing crisis on its own, this bill,” he said. “But I think it would be hard for us to solve the housing crisis without this bill.”

The housing legislation does not affect existing contracts and agreements.