ATTACHMENT 1
RESOLUTION NO. 2025-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY
DENYING THE APPEAL AND UPHOLDING THE PLANNING
COMMISSION’S APPROVAL OF USE PERMIT (UP-25-001) FOR A NEW
WIRELESS FACILITY ON THE ROOF OF AN EXISTING, ONE-STORY, 20,374 SQUARE-FOOT BUILDING AND TO INCREASE THE HEIGHT OF THE BUILDING FROM 28 FEET, FIVE INCHES TO 43 FEET, 5 INCHES; AND SITE DEVELOPMENT REVIEW (SD-25-001) FOR THE
CONSTRUCTION OF A NEW 2,320 SQUARE-FOOT, ROOF-MOUNTED
ENCLOSURE AND 359 SQUARE-FOOT GROUND-MOUNTED
EQUIPMENT ENCLOSURE AT 32975 ALVARADO-NILES ROAD
WHEREAS, the applicant Carl Jones of AT&T Mobility, for AT&T, on behalf of Southern Alameda County Buddhist Church, is seeking Use Permit (UP-25-001) approval for a new wireless facility on the roof of an existing, one-story, 20,374 square-foot building and to increase the height of the building from 28 feet, five inches to 43 feet, 5 inches; and Site Development Review (SD-25-001) for the construction of a new 2,320 squarefoot roof-mounted enclosure and 359 square-foot ground-mounted equipment enclosure; and
WHEREAS, the 3.8-acre project site is located at 32975 Alvarado-Niles Road (APN: 475 -0148-002-00); and
WHEREAS, the project site has a General Plan designation of Private Institutional (PI) and a Zoning designation of Private Institutional (PI); and WHEREAS, pursuant to Section 65905 of the Government Code, the Planning Commission held a duly noticed public hearing on the Use Permit (UP-25-001) and Site Development Review (SD-25-001) applications on October 16, 2025, at which time all interested parties had the opportunity to be heard. The Planning Commission considered the staff report dated October 16, 2025, incorporated herein by reference, and all written and oral testimony; and
WHEREAS, after consideration of the staff report and all other recommendations, reports, and testimony, the Planning Commission adopted Draft Resolution No. x-25 recommending approval of Use Permit (UP-25-001) and Site Development Review (SD25-001) to the City Council on a vote of 3-1; and WHEREAS, in accordance with Section 18.52.088, an appeal of the Planning Commission decision filed by Saurabh Talwar, Sunita Goyal, Christine Chen, Jon Kuo, Mohammad Fasiur Rahman, Weifeng Chen, and Wais Aubi on October 23, 2025; and WHEREAS, a duly advertised public hearing was held before the City Council of the City of Union City on November 4, 2025, to consider the appeal, and at which time all interested parties had the opportunity to be heard. The City Council considered a staff report dated November 4, 2025, and all other recommendations, reports, and testimony before deciding on the project.
NOW, THEREFORE, BE IT RESOLVED that the City Council of Union City does hereby find as follows:
Resolution No. 2025-XXX
Appeal - UP-25-001/ SD-25-001
California Environmental Quality Act
1. The project is categorically exempt from the California Environmental Quality Act (CEQA) under Section 15303, New Construction or Conversion of Small Structures, of the CEQA Guidelines.
Use Permit (UCMC Sec. 18.56.060)
2. The proposed location of the conditional use is in accord with the purposes of Title 18 and the purposes of the Private Institutional (PI) District. The project, as conditioned, will screen all equipment within a new rooftop enclosure; equipment will also be located on the ground in a concrete masonry unit CMU enclosure. The new facility will promote orderly and beneficial development by improving the availability of wireless service for residents and businesses. The new facility is compatible with the character of development in the PI Zoning District; the new wireless facility will be designed to match the existing building in terms of architecture, color, and materials.
3. The location of the use, as conditioned, is not detrimental to the public health, safety, welfare, or materially injurious to properties within the vicinity. The project will comply with all required conditions from the City and the responsible agencies. Under UCMC Section 18.114.100, wireless telecommunication facilities must comply with the standards and regulations of the Federal Communications Commission (FCC), the California Public Utilities Commission (PUC), and any agency with authority to regulate the radio frequency emissions of such facilities. The Radio Frequency Emissions Compliance Report for AT&T Mobility, dated September 5, 2025, attests that the project meets said standards and requirements. Further, the height is increasing by fifteen (15) feet, the minimum required to accommodate the antennas, and will be constructed upon the roof of an existing building and outside of any required setbacks for structures at the site.
4. The project is consistent with the General Plan, specifically the Public Facilities and Services Element, which encourages the development of state-of-the-art communication infrastructure and services to bolster the City’s economic competitiveness and support businesses and residents. The project is consistent with the subject property's General Plan designation of Private Institutional (PI). The PI designation provides for private institutional uses, including but not limited to cemeteries, churches, private educational facilities, private non-profit and service organizations, and continuing care retirement communities. The wireless facility will utilize the existing building at the site for the project. The new wireless facility will improve AT&T coverage and service for customers in the vicinity. The project complies with Title 18 by providing a use that promotes and protects the public health, safety, morals, comfort, convenience, and the general welfare of the people. There are no specific plans applicable to the site.
Private Institutional (PI) District (UCMC Sec. 18.51.030.C) Resolution No. 2025-XXX
Appeal - UP-25-001/ SD-25-001
5. The maximum height limit shall be 35 feet. This height limit may be increased to a maximum of 50 feet, subject to a use permit. The project's height will not be detrimental to the light, air, or privacy of any other structure or use in the surrounding area. The proposed structure is 43 feet and 5 inches tall and is set back approximately 80 feet from the adjacent residential lots. As shown in the photo simulations, there is no impact on light.
Wireless Telecommunication Facilities (UCMC Sec. 18.114.130)
6. The project has been designed per the requirements of UCMC Chapter 18.114. The project's location has been designed to meet or exceed current FCC and PUC RF emission standards. The applicant has provided all plans, documents, and reports that evidence compliance with the requirements for design, safety, noise, and wireless gap coverage, as set forth in Chapter 18.114.130. The project is consistent with all provisions in this chapter regarding general requirements, location, height, and design. Additionally, the project has been conditioned to comply with all applicable standards for operations and maintenance.
7. The equipment will be screened and set back from the right-of-way as much as feasible. The wireless facility will be enclosed within a rooftop structure that matches the building's architecture. The equipment enclosure will be located on the ground in an enclosure, also designed to match the existing building.
8. The new wireless facility will fill a significant gap in coverage and capacity shortfall in the applicant's service area, and as designed, is the least intrusive means of doing so. The applicant has submitted documentation demonstrating a coverage gap in this area; the City’s consultant has reviewed these documents and confirmed and concurred with these conclusions. The project has been sited in accordance with all setback requirements. It has been designed to minimize visual and related aesthetic impacts on nearby neighbors and views from public rights-of-way.
Site Development Review (UCMC Sec. 18.76.045)
9. The project is consistent with the General Plan, specifically the Public Facilities and Services Element, which encourages the development of state-of-the-art communication infrastructure and services The project is consistent with the General Plan Policy PF-8.8, Minimize Visual Impacts, as the proposed wireless facility will be located in an FRP enclosure on top of an existing building, that is currently used as a faith-based institution. The FRP structure will be designed and painted to match the architecture and colors of the existing building, thereby minimizing potential visual impacts when viewed from public rights-of-way and residential areas. There are no specific plans applicable to the site.
10. Approval of this application is consistent with the purpose of Title 18, which seeks to promote and protect the public health, safety, morals, comfort, convenience, and the general welfare of the people and to promote the orderly and beneficial development of such areas. The approval of this application is consistent with the requirements of the PI Zoning District in which the site is located by being a stealth design that matches the existing building; the project also promotes orderly, attractive Resolution No. 2025-XXX
Appeal - UP-25-001/ SD-25-001
development and the stability of land values and investments, by preventing the establishment of uses or the erection of structures having undesirable qualities, or which would not meet the specific intent clause or performance standard requirement of the zoning title. The presence of the new antennas will improve AT&T coverage and service for customers in the vicinity, as well as for residents, businesses, and first responders in the City of Union City.
11. Approval of this application is consistent with the purpose of site development review as outlined in Section 18.76.010. The project, as conditioned, promotes attractive development, investment in the community, and the general welfare by preventing structures that are not properly related to their sites. The project has been sited and designed to minimize potential visual and related aesthetic impacts to nearby residents. It will be painted and screened to blend in with existing structures and surrounding site amenities, and to be compatible with the existing religious facility.
The presence of the new antennas will improve AT&T coverage and service for customers in the vicinity, as well as for residents, businesses, and first responders in the City of Union City.
BE IT FURTHER RESOLVED that the City Council of Union City hereby approves Use Permit (UP-25-001) and Site Development Review (SD-25-001), as outlined in Exhibits A, B, and C, and subject to the following Conditions of Approval.
CONDITIONS OF APPROVAL
Planning Division
1. All actual site improvements shall be made with adherence to the plans listed in Exhibit A, except as they may be modified by other conditions of approval listed below. Any variation or modification to the approved plans is subject to review and approval by the Economic and Community Development Department.
2. This application shall expire one year from the date of Planning Commission approval unless building permits have been issued and construction diligently pursued.
3. The applicant and/or property owner shall include an annotated copy of the approved Planning Commission Resolution with each set of detailed construction plans submitted for plan check review. Notations to the plans shall be made to clearly indicate how all conditions of approval will be or have been complied with.
Construction plans shall not be accepted without the annotated final conditions of approval included as a note sheet with each set of plans.
4. The applicant and/or property owner shall apply for and take out all required building and fire permits prior to beginning any on-site work. Plans submitted to the Building Division and Fire Department must demonstrate compliance with all applicable local and state requirements.
5. The applicant and/or property owner shall be responsible for ensuring that all contractors and subcontractors have obtained a valid City of Union City business license for the duration of the project.
Resolution No. 2025-XXX
Appeal - UP-25-001/ SD-25-001
6. The applicant and/or property owner shall ensure the wireless facility complies with applicable FCC Regulations regarding radio frequency and any and all recommendations for safety requirements, including but not limited to those safety recommendations listed in the Radio Frequency Emissions Compliance Report for AT&T Mobility, dated September 5, 2025.
7. Prior to the issuance of building permits, the applicant and/or property owner shall submit samples and details of color palettes and all exterior materials for review and approval by the Economic & Community Development Department. Any future amendments or changes to the approved painting schemes shall be submitted to the Economic and Community Development Department for approval prior to the full painting of the proposed structure.
8. Prior to the issuance of building permits, the applicant and/or property owner shall note on plans submitted for building permits that all visible exterior surfaces, including conduits or other equipment, are to be constructed of non-reflective materials, match the existing background in terms of color and materials, and be concealed and screened.
9. Prior to the issuance of building permits, the applicant and/or property owner shall note on plans submitted for building permits that the wireless telecommunication facility lighting shall be designed to meet but not exceed minimum requirements for security and safety, Federal Aviation Administration (FAA) regulations, and in all instances shall be designed to avoid glare and minimize illumination on adjacent properties.
10.Prior to the issuance of building permits, the applicant and/or property owner shall note on plans submitted for building permits that no advertising shall be placed on any part of the wireless facility, equipment, or the equipment enclosure.
11.Prior to the issuance of building permits, the applicant and/or property owner shall show on plans submitted for building permits that the wireless telecommunication facility shall be designed to be resistant to and minimize opportunities for unauthorized access, climbing, vandalism, graffiti, and other conditions that would result in hazardous conditions, visual blight, or attractive nuisances. Warning signs, fencing, anti-climbing devices, or other measures to prevent unauthorized access and vandalism shall be provided.
12.Prior to issuance of building permits, the applicant and/or property owner shall pay the General Plan Cost Recovery Fee in effect at the time of building permit issuance. The current fee is $1.00 per $1,000.00 of construction valuation per City Council Resolution Number 3379-07.
13.Prior to the issuance of building permits, the applicant and/or property owner shall note and demonstrate on plans submitted for building permits that the wireless telecommunication facility project shall comply with the operations and maintenance standards of UCMC Sec. 18.114.090 at all times.
Resolution No. 2025-XXX
Appeal - UP-25-001/ SD-25-001
14.Prior to the issuance of building permits, the applicant and/or property owner shall note on plans submitted for building permits that the wireless telecommunication facility shall install and maintain conspicuous signage identifying the name and phone number of a party to contact in the event of an emergency. The design, materials, colors, and location of signs shall be subject to Director approval. Contact information shall be kept current.
15.Prior to the issuance of a Certificate of Occupancy, each owner or operator of the wireless telecommunication facility shall obtain and maintain current at all times a business license issued by the City.
Building Division
16.A comprehensive review will be conducted upon submission of a complete plan set and all required documentation. Project plans submitted for a building permit must fully comply with the California Building Codes in effect at the time of submission.
Fire Department
17.Plans to meet building and fire codes adopted at the time of building plan submittal.
Public Works Department
18.The applicant shall obtain an encroachment permit from the Public Works Department for any work within the public right-of-way.
19.The applicant shall obtain a grading permit from the Public Works Department prior to any site disturbance for the project.
20.The applicant shall coordinate the execution of non-exclusive easement(s) with the relevant utility agency/company. If the utility easement to be dedicated is for the benefit of the utility agency and not the “public,” the City will not be involved with the execution and recordation of the easements.
21.The applicant shall coordinate with PG&E to ensure that PG&E’s facilities/easements are not impacted, as outlined in PG&E’s letter dated February 10, 2025.
Environmental Programs
22.The applicant/property owner is hereby advised that unauthorized discharge of any kind to the storm water system, which includes the streets and gutters, is prohibited, and that such discharges, whether intentional or not, are subject to penalties up to $20,000 per violation per day. This applies to both the construction phase and routine facility operations.
23.The applicant/property owner shall note on plans for building permit submittal, indicating the total volume of battery electrolyte in the equipment cabinets under AT&T control at this site at project completion.
Resolution No. 2025-XXX
Appeal - UP-25-001/ SD-25-001
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a special meeting held on this 4th day of November 2025 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
GARY SINGH
Mayor
ATTESTED: APPROVED AS TO FORM:
THAI NAM N. PHAM
City Clerk
KRISTOPHER J. KOKOTAYLO
City Attorney
Attachments
1. Exhibit A – Project Plans
2. Exhibit B – Statement of Use
3. Exhibit C – Photo Simulations