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changing Condition C to remove reference to the 2009 DWS memo and add a more standard requirement for the applicant to construct improvements as required by DWS. Finally, the Zoning Code was recently amended to include regulation of Short - Term Vacation Rentals (STVR). According to Section 25-4-16 (c), STVRs are permitted in the RM district, 'for multiple family dwellings within a condominium property regime as defined and governed by chapters 514A or 5148, Hawai `i Revised Statutes. " According to the amendment application, the updated development proposal is for 29 single-family dwellings and therefore, despite the Planning Director's November 30, 2009 determination that dwellings in the project area could be used as vacation rentals, the project as currently proposed would not be eligible for STVR approval under the existing code. The property has no severe geological or topographical problems which cannot be rectified, or which would render the land unusable. The project site is located within Zone "X", which is an area of minimal flood hazard. The parcel is also located outside the Tsunami Evacuation Zone and the applicant will be required to ensure that all development -related runoff shall be disposed of on site and shall not be directed toward any adjacent properties. No professional flora/fauna study was submitted. according to the application, the majority of the site is bare of vegetation and grading and construction will occur in selected areas of the property. The non -graded areas of the property will be retained as much as possible in their natural state and possibly supplemented with plants that already grow in the area. The applicant does not expect any listed, threatened, or endangered plant or animal species within or near the project site. With sparse vegetation, the project site provides only a limited habitat for fauna. The request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management. The subject property is situated fully within the SMA but does not have shoreline frontage. On September 22, 2009, the Planning Commission approved SMA Use Permit No. 09-000034 to allow the development of a mix of 60 single- and multiple -family residential units and related improvements. The effective date of this permit was concurrent with the effective date of the subject rezone ordinance and is currently still in effect. The current proposed twenty-nine (29) single- -6-