2024-04-02 PL-CCI-2024-000003 Bill 121 Claudia Rohr Testimony

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Case 1:22-cv-00247-DKW-RT Document 85 Filed 12/21/23 Page 16 of 28 PagelD.3076 which particular uses may be subject to special restrictions" and the "designation of uses for which buildings and structures may not be used." Pursuant to this authority, the City drafted and passed Ordinance 22-7 as part of the Land Use Ordinance of the City and County of Honolulu. See Stip. Facts at ¶¶ 86-102; Ord. 22-7; ROH § 21-10.1. Though the placement of the Ordinance is not, by itself, determinative, its location and characterization belie the City's current attempts to call it something it is not and never was—even according to the City. Finally, beyond its locus within the Revised Ordinances of Honolulu, the language and substance of Ordinance 22-7 are also consistent with a zoning regulation. For instance, Section 10 provides that short-term rentals are permitted within certain specified zoning districts.13 Such differentiation of particular property uses by zoning district is a classic example of a zoning regulation and explicitly authorized by HRS § 464(a). Similarly, Ordinance 22-7's stated Findings and Purpose explain that "[s]hort-term rentals . . . are inconsistent with the land uses that are intended for our residential zoned areas . . . [t]he purpose of this Ordinance is to better protect the City's residential neighborhoods and housing stock from the negative impacts of short-term rentals." Stip. Facts at ¶ 85; Ord. 13These districts include: "[t]he areas located within the Apartment Precinct of the Waikiki Special District mauka of Kuhio Avenue," "[t]he areas located within the A-1 low-density apartment zoning district and the A-2 medium-density apartment zoning district situated in close proximity to the Ko Olina Resort," and"[t]he area located within the A-1 low-density apartment zoning district situated in close proximity to the Turtle Bay Resort." Dkt. No. 82 at 8 n.2; Ord. 22-7 at 17-18. - 16 -