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County of Hawal6I
PLANNING COMMISSION
Aupuni Center e 101 Pauahi Street, Suite 3 e Hilo, Hawaii 96720
Phone (808) 961-8288 o Fax (808) 961-8742
March 17, 2008
Coral Wireless, LLC dba Mobi PCS
Pacific Guardian Center — Makai Tower
733 Bishop Street, Suite 1200
Honolulu, HI 96813
Gentlemen:
Use Permit Application (USE 07-000011)
Applicant: Coral Wireless LLC dba Mobi PCS
Request: To Allow the Development of Telecommunication Antennas and
Ground Equipment on an Existing Building
Tax Man Key: 2-1-17:20
The Planning Commission at its duly held public hearing on March 6, 2008, voted to approve the_
above -referenced application to allow the development of telecommunication antennas and
ground equipment on the Mauna Loa Shores Condominium building situated within the Single
Family Residential 10,000 square foot (RS -10) zoned district. The Mauna Loa Shores
Condominium is located along the north side of Kalanianaole Street, Waiakea, Keaukaha, South
Hilo, Hawaii.
Approval of this request is based on the following:
The applicant is requesting a Use Permit to allow the development of
telecommunication antennas and ground equipment on an existing building within the
Single -Family Residential (RS -10) zoned district. The antennas and equipment will be
constructed on and within an 8 -story, 84 -unit residential condominium complex called
Mauna Loa Shores. The improvements will include a total of nine (9) 6 -foot high panel
antennas. Three (3) antennas will be mounted on three (3) sides of the elevator tower.
The antennas and other visible parts will not go above the height of the building and will
be painted to match the existing color of the building. These are located next to six (6)
existing panel antennas allowed previously for Western PCS II (currently T Mobile).
There will be appurtenant equipment located on the ground floor, which includes the base
transmitter cabinet and power protection cabinet. The cabinets will be attached by a
raised metal frame to allow water to flow underneath in case of flooding. Additionally,
Hawaii County is an Equal Opportunity Provider and Employer
w 1 I TO
Coral Wireless, LLC dba Mobi PCS
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there will be coax cables, power cables and telco cables to provide power and transmit the
signal to the antennas.
hi considering a Use Permit for any proposed use, Rule 7 of the Planning
Commission relating to Use Permits, requires that such action conform to the following
guidelines:
A. The granting of the proposed use shall be consistent with the general
purpose of the zoned district, the intent and propose of the Zoning Code
and the County General Plan;
B. The granting of the proposed use shall not be materially detrimental to the
public welfare nor cause substantial adverse impact to the community's
character or to surrounding properties; and
C. The granting of the proposed use shall not unreasonably burden public
agencies to provide roads and streets, sewers, water, drainage, school
improvements, police and fire protection and other related infrastructure.
The proposed use meets the guidelines for approval of a Use Permit, for the
reasons outlined below:
The granting of the proposed use shall be consistent with the general purpose of _
the zoned district, the intent and purpose of the Zoning Code and the County General
Plan. The Use Permit process provides an avenue to review and analyze a proposed
project on a case-by-case basis relative to infrastructure and impacts on surrounding
properties and existing uses, as well as consistency with the goals and policies of the
General Plan. According to the Zoning Code, Single Family Residential districts
"provide for lower or low and medium density residential use, for urban and suburban
family life. It applies to areas having facilities, and to carry out the above stated
purpose." Within the Zoning Code, telecommunication antennas and towers can be
permitted within a Single -Family Residential zoned district if a Use Permit is approved
for the use by the Planning Commission.
The Land Use Pattern Allocation Guide (LUPAG) Map component of the General
Plan is a representation of the document's goals and policies to guide the coordinated
growth and development of the County. It reflects a graphic depiction of the physical
relationship among the various land uses. The LUPAG Map establishes the basic urban
and non -urban form for areas within the County. The General Plan designation for this
property is mainly Low Density Urban, which allows for single-family residential uses,
ancillary community and public uses, and neighborhood and convenience -type
commercial uses. Allowable uses within these areas, with a Use Permit, may include
telecommunication facilities that serve the residents in the area. The request
Coral Wireless, LLC dba Mobi PCS
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complements and is consistent with the Land Use, Economic, and Public Utilities
elements of the General Plan. Based on the above, the request is consistent with the
general purpose of the zoned district, the intent and purpose of the Zoning Code and the
County General Plan.
The granting of the proposed use shall not be materially detrimental to the public
welfare nor cause substantial, adverse impact to the community's character or to
surrounding properties. The subject property is the location of the Mauna Loa Shores
Condominium complex, which is situated along the north (makai) side of the
Kalanianaole Street just east of the Carlsmith Beach Park in Keaukaha. Mauna Loa
Shores is a 10 -story condominium complex. Surrounding properties are zoned RS -10,
RS -15 and Open. The surrounding area is characterized by a mix of beach parks, vacant
parcels and single-family residences. The 6 -foot antennas will be attached to the existing
building and will not go above the height of the structure. Additionally, the antennas will
be painted the same color to match the existing building to further minimize the visual
impact of the antennas to surrounding properties. It is not anticipated that the approval of
the telecommunication antennas will have a major negative impact in the community.
The granting of the proposed use will not unreasonably burden public agencies to
provide roads and streets, sewer, water, drainage, school improvements, police and fire
protection and other related infrastructure. The requested use will not burden public
agencies to provide additional services. Water and sewer are not needed for the antennas.
Only telephone and electricity is required for the requested use, which is available to the _
project site. Access to the project site is from Kalanianaole Street, which is a County
owned and maintained roadway with an approximate 22 -foot pavement within a 50 -foot
wide right-of-way. Therefore, the requested use will not burden public agencies to
provide additional services.
The proposed request will not have a significant adverse impact to traditional and
customary Hawaiian Rights. In view of the Hawaii State Supreme Court's "PASH" and
"Ka Pa'akai O Ka'Aina" decisions, the issue relative to native Hawaiian gathering and
fishing rights must be addressed in terms of the cultural, historical, and natural resources
and the associated traditional and customary practices of the site.
Investigation of valued resources: As the proposed request will not involve any
ground alteration activities and will be added on to an existing building, no
archaeological assessment or inventory survey was conducted for the property.
The valuable cultural historical and natural resources found in the project area:
The likelihood of any rare or endangered species, habitat of flora or fauna or any
archaeological features is remote on the property based on urbanization and development
of the existing condominium complex.
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Coral Wireless, LLC dba Mobi PCS
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Possible adverse effect or impairment of valued resources As the proposed
request will not involve any ground alteration activities, Hawaiian gathering and fishing
rights is not an issue. Additionally, the property consists of a condominium complex that
has been inexistence since 1971.
Feasible actions to protect native Hawaiian rights. To the extent to which
traditional and customary native Hawaiian rights are exercised, the proposed action will
not affect traditional Hawaiian rights and no action is necessary to protect these rights.
Based on the above, the request to allow the development of telecommunication antennas and
ground equipment on an existing building within the Single -Family Residential (RS -10) zoned
district is approved.
Approval of this request is subject to the following conditions:
1. The applicant, successors or assigns shall comply with all of the stated conditions
of approval.
2. The applicant shall comply with all conditions of Special Management Area
Minor Permit No. 07-000063.
Construction of the proposed development shall be completed within five (5)
years from the effective date this permit. Prior to construction, the applicant,
successors or assigns shall secure Final Plan Approval for the proposed
development from the Planning Director in accordance with Section
25-2-71(c)(3), 25-2-72, 25-2-74 and 25-4-12, Chapter 25 (Zoning Code), Hawaii
County Code. The antenna plans shall be stamped by a structural engineer.
4. Co -location or any expansion of the antennas shall be allowed within the
parameters of the building height and envelope as represented.
5. Within 120 days of the permanent abandonment of the antennas, the applicant
shall remove the antennas and accessory structures. The applicant shall provide
written notification to the Planning Director of such removal.
6. The applicant shall comply with Chapter- 27 - Flood Control, of the Hawaii
County Code.
The applicant shall comply with all applicable County, State and Federal laws,
rules, regulations and requirements, including the Federal Aviation
Administration and Federal Communications Commission.
Coral Wireless, LEC dba iVtobi PCS
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8. An initial extension of time for the performance of conditions of the permit may
be granted by the Planning Director upon the following circumstances:
A. Non-performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicant, successors or assigns,
and that are not the result of their fault or negligence.
B. Granting of the time extension would not be contrary to the General Plan
or the Zoning Code.
C. Granting of the extension would not be contrary to the original reasons for
the granting of the permit.
D. The time extension granted shall be for a period not to exceed the period
originally granted for performance (i.e., a condition to be performed within
one year may be extended for up to one additional year).
Should any of the conditions not be met or substantially complied with in a timely
manner, the Planning Director may initiate the revocation of the permit.
This approval does not, however, sanction the specific plans submitted with the application as
they may be subject to change given specific code and regulatory requirements of the affected
agencies.
Should you have any questions, please contact Norman Hayashi of the Planning Department at
961-8288.
Sincerely
Rodney anabe, Chairman
Planning Commission
Lcoralwirelessuse07-00001 1 PC
cc: Mr. Kevin Turner, KLP Group
Department of Public Works
Department of Water Supply
County Real Property Tax Division
DOT -Highways, Honolulu