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Case 1:22-cv-00247-DKW-RT Document 85 Filed 12/21/23 Page 4 of 28 PagelD.3064 <br /> HRS § 464(a); Stip. Facts at ¶ 42. <br /> On January 2, 1969, pursuant to its authority under HRS § 46-4, the City <br /> enacted its first Comprehensive Zoning Code ("CZC"), dividing Oahu into several <br /> different zoning districts, including apartment, agricultural, business, industrial, <br /> preservation, residential, and resort. Stip. Facts at ¶ 47-48; Dkt. No. 24-4. In <br /> 1980, the Hawaii state legislature adopted HRS § 514E, directing the counties to <br /> amend their zoning ordinances to limit the location of transient vacation rentals <br /> defined as "rentals in a multi-unit building . . . with the duration of occupancy less <br /> than thirty days for the transient occupant." Stip. Facts at ¶ 52; HRS § 514E. In <br /> response, throughout the 1980s, the City enacted a series of land use ordinances <br /> ("LUOs")s restricting home rentals of fewer than thirty days to the Resort District <br /> and Resort-Hotel Precinct in Waikiki. Stip. Facts at¶¶ 53-59. These LUOs <br /> provided, however, that property owners who were already renting their homes out <br /> for fewer than thirty days could continue to do so upon obtaining a nonconforming <br /> use certificate ("NUC").6 Id. at ¶ 60. Accordingly as the City has repeatedly <br /> acknowledged—it was legal in any Oahu zoning district to rent homes for thirty <br /> days or longer.7 See id. ¶¶ 61-68. <br /> 5These LUOs replaced the CZC. Stip. Facts at¶ 54. <br /> 6Approximately 800 NUCs currently exist on Oahu. Stip. Facts at¶ 60. <br /> 7For example, in 2016, the City signed a settlement agreement in Kokua Coal. v. Dep't of <br /> Planning& Permitting, Civil No. 1:16-cv-003 87-DKW-RLP ("Kokua P'), which provided, inter <br /> alia, "[a]s currently worded, the Land Use Ordinance prohibits providing all or a portion of a <br /> residential dwelling unit for less than thirty (30) consecutive calendar days for compensation. <br /> - 4 - <br />