Committee on Housing, Homelessness and Parks, Monday, Nov. 16, 2026

PROPOSED CD2 TO BILL 18 (2026), CD1 (Submitted by Councilmember Tupola) – The CD2 (OCS2026-0684/11/4/2026 11:14 AM) makes the following amendments: A. In SECTION 2 of the bill: 1. Adds new definitions of "Efficiency Dwelling Unit," "Transit-Oriented Development Area," and "Urban High-Service Bus Stop"; and 2. Amends the definitions of "Affordable Rental Housing Project" (to include efficiency dwelling units and add a new paragraph 7 relating to property management) and "Multifamily Dwelling" (to reflect the updated defined term ("Multi-Unit Dwelling") in the Land Use Ordinance). B. In SECTION 3 of the bill, amending ROH Section 32-2.2 ("Permitted uses"), amends the proposed permitted use in the business zoning districts to allow affordable rental housing projects as a permitted use in the business zoning districts only in the transit-oriented development area. C. In SECTION 4 of the bill, amends the development standards in ROH Section 32-2.3 to: 1. Amend the maximum building area to delete the proviso stating that the required yards of the underlying zoning district still apply; 2. Amend the maximum building height as follows: a. For zoning lots located within a special district established in Sections 21-9.30 through 21-9.90-6, the maximum height is 60 feet or the maximum height permitted by the underlying zoning district, whichever is less; provided that for zoning lots within the Punchbowl or Waikiki special district, the maximum height is 60 feet or the maximum height permitted by the underlying zoning district, whichever is greater; b. For zoning lots not located within a special district established in Sections 21-9.30 through 21-9.90-6, the maximum height is 75 feet or the maximum height permitted by the underlying zoning district, whichever is greater; (Instead of 60 feet or the maximum building height of the underlying zoning district, whichever is greater); 3. Increase the maximum allowable density (floor area ratio or "FAR") from 4.0 to 5.0 for zoning lots located within the Primary Urban Center Development Plan area; 4. Add that, for buildings over 75 feet in height, the portion of the building that is above 40 feet in height must be set back from every side and rear buildable area boundary line 1 foot for each 10 feet of additional height; 5. Add a transitional height setback provision stating that where a zoning lot adjoins a zoning lot in a residential zoning district, the residential zoning district height setbacks are not applicable; 6. Add provisions relating to off-street parking stating that affordable rental housing projects are encouraged to provide off-street parking to the extent reasonably feasible based on the size, configuration, location, and other characteristics of the project site, including proximity to public transit and transportation alternatives; 7. Delete the minimum vertical clearance required for off-street loading areas for zoning lots exceeding 7,500 square feet and add additional off-street loading requirements for all zoning lots when public curbside refuse collection is utilized; and 8. Amend the yard encroachment standards (renamed to "Yard encroachments and screening") to add that reasonable maneuvering areas are allowed in the side and rear yards and, for corner lots or lots fronting multiple streets, a single yard may be designated as the front yard by the owner of the zoning lot and, notwithstanding ROH Section 32-2.4, neither fencing nor a wall is required along a side yard that abuts a street. D. Adds new bill SECTIONS as follows: 1. Adds a new SECTION 6 of the bill to repeal ROH Section 32-2.7, which contains example figures illustrating possible configurations of maximum building height; 2. Adds a new SECTION 7 of the bill proposing to amend the formula to calculate the maximum number of affordable rental housing units for each zoning lot that was previously included in SECTION 6 of the as-introduced version of the bill; and 3. Adds a new SECTION 9 of the bill to add a new ROH section (proposed ROH Section 32-2.__, titled "Construction wages") that sets forth minimum construction wages for any affordable rental housing project that exceeds 60 feet in height and is located on a zoning lot with a lot area that exceeds 20,000 square feet. Adds requirements relating to the submission of an affidavit prior to building permit issuance and the annual submission of payroll records to the Department of Planning and Permitting ("DPP"). Renumbers subsequent bill SECTIONS. E. In renumbered SECTION 10 of the bill: 1. Repeals ROH Section 32-3.2(a), (b), (c)(8), and (d), which included modified building height and area, construction type, water and fire sprinkler piping material, and fire protection system standards, respectively. Re-letters subsections as appropriate; 2. Amends ROH Section 32-3.2(c) (designated in the bill as proposed ROH Section 32-3.2(a)) to provide that the fire-resistance-rated construction standards set forth in subdivision (1) apply to all affordable rental housing projects and the standards set forth in subdivisions (2) through (7) apply only to affordable rental housing projects with a building height of 75 feet or less and constructed on a zoning lot with a maximum size of 20,000 square feet. Redesignates subdivisions as appropriate; 3. Removes the limitation that the means of egress, exterior glass, and fire and smoke alarm standards (designated in the bill as proposed ROH Section 32-3.2(b), (d), and (f)) only apply to affordable housing rental housing projects with a building height of 60 feet or less; and 4. Amends ROH Section 32-3.2(f) (designated in the bill as proposed ROH Section 32-3.2(c)), relating to standards for fire escape stairs, to clarify that: a. The standards apply only to affordable rental housing projects with a building height of 75 feet or less and constructed on a zoning lot with a maximum size of 20,000 square feet; and b. At least one fire exit stairwell (for buildings with more than 35 units) must be 36 inches wide (as currently required, instead of increasing the minimum width to 44 inches as previously proposed). F. Adds new bill SECTIONS as follows: 1. SECTION 11, which provides that, upon the effective date of this ordinance, affordable rental housing projects developed under ROH Chapter 32 as it read on the day prior to the effective date of this ordinance must comply with the applicable nonconforming provisions of ROH Chapter 16 and Section 21-4.110; and 2. SECTION 12, amending Ordinance 19-8, as amended by Ordinance 23-12, which provides that upon the repeal of ROH Chapter 32, affordable rental housing projects must comply with the applicable nonconforming provisions of ROH Chapter 16 and Section 21-4.110. Renumbers subsequent bill SECTIONS. G. Amends renumbered SECTION 14 to state that the ordinance takes effect 180 days after its approval; provided that: 1. The ordinance does not affect the validity of any of the following permits and documents issued under the ordinance that were issued prior to the effective date of the ordinance: a. Building permits, including any amendments thereto; b. Inspections and related reports; c. Certificates of occupancy; and d. Ancillary permits and documents relating to the affordable housing project; 2. A building permit application under review with the DPP prior to the effective date of the ordinance may comply with the ordinance prior to the expiration of the 12-month period set forth in ROH Section 18-4.5. Upon this election, which must be made on or after the effective date of the ordinance: a. The applicant is deemed to have waived their right to comply with the provisions of ROH Chapter 32, as it read on the date the application was filed; b. The applicant must comply with ROH Chapter 32 as it read on the effective date of this ordinance; and c. The applicant may not combine provisions of the ordinance with the provisions of the laws, ordinances, rules, or regulations that would otherwise apply to the application pursuant to ROH Section 18-4.5; and 3. The ordinance will be repealed on the repeal date of ROH Chapter 32, as set forth in SECTION 10 of Ordinance 19-8, and any amendments made thereto. H. Makes miscellaneous technical and nonsubstantive amendments. Related communications: CC-22(26) Disclosure of Interest Statement submitted by Councilmember Tupola CC-29(26) Disclosure of Interest Statement submitted by Councilmember Tulba