Neighborhoods throughout Honolulu have been thrown into turmoil over the arrival of “monster homes” — projects built in areas zoned for single-family homes, but which take up far more space, with more living units, including bathrooms and kitchens, than are permitted.
So it’s troubling that, for a second time in four months, a third-party reviewer has been found to have approved drastically oversized projects that should have been rejected.
Department of Planning and Permitting (DPP) Director Dawn Takeuchi Apuna has admirably taken on the issue. “Third-party review is a privilege, not a right,” she said, in a warning to reviewers who fail to “perform at the highest level.” Those who fail to meet these standards, and “fail to properly review projects, particularly those that the community condemns, such as monster homes,” she warned, “cannot continue as third-party reviewers.”
DPP is currently evaluating the third party review program, and comparing it to other states’ operations, Takeuchi Apuna said. She expects to create a “more robust” program that includes training and more stringent qualifications, reporting requirements and evaluations.
DPP is currently updating its draft third party review rules, as well.
Another welcome step has been the implementation of third party review audits. This communicates to reviewers that their work is being monitored, and significantly, has not been done before in the nearly 20 years that third party review has been conducted here.
And, the DPP director is following through as promised, suspending the registrations of those third-party reviewers who submitted bad plans.
The city must now pursue meaningful penalties to stop the flow of bad actors who try to skirt zoning rules. Current law allows for civil fines, penalties and even referral to the Prosecuting Attorney’s Office or Corporation Counsel for legal action. And over the past several months, DPP has put in new systems to detect potential monster homes during code review, including random inspections to ensure buildings conform with submitted plans.
DPP’s ability to revoke a permit and order compliance can also be a powerful tool. An order of compliance can have a similar effect to an order to “tear down” a noncompliant project, if the discrepancies between zoning, plans and the project itself are big enough.
If a home will not be certified for occupancy unless it conforms substantially to size requirements, or plumbing and walls are removed, and the city is reliably willing to enforce the rules, this will surely make an impression on those who would try to build first and seek permission later.
Takeuchi Apuna has also supported the City Council’s Bill 6, which spells out the city’s authority to work with contracted reviewers. Bill 6 can add teeth to Honolulu’s ability to sanction the architects and engineers who approve inaccurate and zone-violating plans, by requiring that the contractors who approve permits “self-certify” — confirm, in writing, that they are accountable for the accuracy of plans, specifications and other information they submit.
The City Council continues to review this bill, and it should be enacted, with refinements. Whether via the bill’s language itself or administrative rules linked to it, Bill 6 should also include effective penalties for reviewers who fail to submit accurate plans — strong enough to deter future bad behavior.
Finally, it’s important that residents remain vigilant. An April revelation that a third-party reviewer had certified plans for a home with nine bathrooms and multiple, separate living units in Kalihi came about because neighbors contacted city and state representatives. After the reps intervened, DPP swiftly issued a stop-work order and revoked the building permit.
Local architect Jimmy Wu, who reviewed and certified plans for the Kalihi home, had his third-party registration suspended. And on Tuesday, third party reviewer Shih Jen Lin’s registration was suspended, “effective immediately,” for plans submitted to build in Kaimuki and Manoa. Both projects were out of compliance with the city’s “monster home” ordinance.
Ultimately, it’s necessary that DPP fill its many empty positions, of course, and adapt a process of continual improvement and cross-checks to avoid any possibility of backsliding into ineffectiveness. In the meantime, in light of the immediate need, Bill 6 is a proper step.
