Bill 2202, Housing Policy for the County of Kauai, (which I wrote about here) took effect as of December 10, 2007, as Ordinance No. 860, without the mayor's signature.
The Ordinance imposes buyer and price restrictions on residential and resort projects when developers seek any of the following county entitlements: State Land Use District Boundary Amendments (15 acres or less), Zoning District Boundary Amendments, amendments into the Visitor Destination Area, subdivision, zoning permits, and building permits.
Resort projects are broadly defined to include “a project that primarily provides accommodations for transient vacation rentals, including, but not limited to, hotel rooms, multiple-family dwellings, time share units or single-family dwellings, which project area also contains tourist-oriented commercial or recreational facilities, support services or amenities, including, but not limited to, restaurants, bars, shops, spas, golf courses, or other attractions or services, that may generate a need for workforce housing for employees.”
The standard exaction requires that 30 percent of a residential project must be sold at affordable prices. This may be offset by mixing units within the project, building single family units, building affordable rentals, etc. Density bonuses, waiver of certain development fees, and permit fast tracking is offered by the County.
No appeal administrative mechanism is provided to challenge the exaction which is ultimately facilitated by the County Housing Agency.
For more on affordable housing measures in Hawaii, see my Affordable Housing page.