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City Council Staff Report

Union City City Council
November 13, 2025

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City Council Staff Report
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November 13, 2025
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Union City City Council
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City Council Staff Report Page 1 of 4 November 13, 2025 Agenda Item No. 3.1
DATE: November 13, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Joan Malloy, City Manager
SUBJECT: Continue Public Hearing from November 13, 2025 to December 9, 2025 to Consider an Appeal by Saurabh Talwar, Sunita Goyal, Christine Chen, Jon Kuo, Mohammad Fasiur Rahman, Weifeng Chen, and Wais Aubi of the Planning Commission’s Approval of Use Permit (UP-25-001) and Site Development Review (SD-25-001) for a New Wireless Facility at the Southern Alameda County Buddhist Church at 32975 Alvarado-Niles Road (APN: 475-0148-002-00); and Adopt a Resolution: (1) Denying the Appeal and Upholding the Planning Commission’s Approval of the Use Permit and Site Development Review; or (2) Denying the Appeal and Upholding the Planning Commission’s Approval of the Use Permit and Site Development Review, with Modified Conditions, or (3) Approving the Appeal and Denying the Use Permit and Site Development Review.

Staff is Recommending that This Project Be Considered
Categorically Exempt from the California Environmental Quality Act (CEQA) Under Section 15303, New Construction or Conversion of Small Structures, of the CEQA Guidelines

EXECUTIVE SUMMARY
Staff recommend that the City Council continue the public hearing for appeal of the Planning Commission’s approval of Use Permit (UP-25-001) and Site Development Review (SD-25-001) to December 9, 2025, to allow the applicant time to meet with the property owner to discuss a modified project design (i.e., from roof mounted facility to monopole) and for staff to confirm the process /timeline should the property owner agree to an alternate design.

The appeal was heard at the November 4, 2025, Special City Council meeting, and the City Council continued the hearing to November 13, 2025. This report includes all of the attachments included in the City Council Staff Report from November 4, 2025.

STRATEGIC PLAN ALIGNMENT
This agenda item does not have alignment with a specific Strategic Plan strategy.

BACKGROUND
Agenda Item No. 3.1
City Council Staff Report Page 2 of 4 November 13, 2025 The scope of the approved Use Permit (UP-25-001) included a new wireless facility on the roof of the multi-purpose building located at the Southern Alameda County Buddhist Church (32975 Alvarado-Niles Road). The building is one-story and measures approximately 20,374 square feet. The Use Permit also allowed an associated increase in the building height from 28 feet, 5 inches to 43 feet, 5 inches to accommodate a new structure to screen the wireless facility. The PI Zoning District allows an increase in the maximum permitted height from 35 feet to 50 feet, subject to the issuance of a use permit.

The Site Development Review approval (SD-25-001) allowed the construction of a new, 2,320-square-foot roof-mounted enclosure housing nine (9) antennas and a 359-squarefoot ground-mounted wireless equipment enclosure located adjacent to the multi-purpose building.

UP-25-001 and SD-25-001 were approved by the Planning Commission on October 16, 2025, and appealed on October 23, 2025. The Planning Commission’s decision is stayed until the City Council acts on the appeal. The City Council heard the appeal at a Special Meeting held on November 4, 2025, and, with the applicant’s agreement, continued the Public Hearing to November 13, 2025. See Attachments 2 through 14 for an overview of the Planning Commission and City Council public record, including public comments received after the November 4 appeal hearing.

Under rules adopted by the FCC in 2019, a local agency has 150 days to act on an application to deploy a wireless facility on a new structure. The applicant and the City agreed in writing to extend the deadline to October 27, 2025, to complete the peer review and the Planning Commission hearing. The agreement was extended again to November 14, 2025, to accommodate the appeal process.

DISCUSSION
On November 4, 2025, the City Council considered the appeal of the Planning Commission’s decision to approve the project. On a 5-0 vote, the City Council continued the public hearing to November 13, 2025, to allow the applicant to meet with the site’s property owner to discuss updating the design of the proposed, roof-mounted wireless facility to a monopole. The meeting date of November 13 was chosen because the current Tolling Agreement expires on November 14, and either the Tolling Agreement must be extended or the City Council must take action on the appeal by that date.

Staff recommend that the City Council continue the public hearing to December 9, 2025, to provide additional time for the applicant to coordinate with the property owner on the change to the project design, conduct due diligence on the change to the project scope, and explore other options. A Zoning Text Amendment is required to allow for monopoles in the Private Institutional (PI) Zoning District, and the monopole would be subject to the City’s Use Permit and Site Development Review process consistent with the process currently identified for new monopoles. The additional time will allow City staff to confirm the following steps in the process and timeline, should the property owner agree to modify the design. This analysis will also inform the development of any future extensions to the tolling agreement.

Staff spoke with Andrew Lesa, Vice President of Operations at Epic Wireless, a member Agenda Item No. 3.1
City Council Staff Report Page 3 of 4 November 13, 2025 of the applicant team, who attended the November 4 City Council meeting. Mr. Lesa and staff mutually agreed to extend the Tolling Agreement to December 12, 2025, to provide some additional time to complete the tasks listed above, especially given the upcoming Thanksgiving holiday. An updated Tolling Agreement was sent to the applicant on Monday, November 10, for AT&T’s signature. It is anticipated that all parties will sign the Tolling Agreement before the City Council hears this item on November 13.

Staff will be sending an email to the individuals who submitted public comments and provided email addresses regarding the upcoming meeting and the staff’s recommendation to continue the item to December 9, 2025.

CONCLUSION
Staff recommends that the City Council further continue the public hearing to December 9, 2025, to decide on the appeal, to allow time for the applicant to meet with the property owner to discuss an alternative design for the wireless facility; and to allow staff time to work on next steps, including extension of the tolling agreement.

FISCAL IMPACT
The applicant paid the required application fee established in the current Master Fee Schedule.

RECOMMENDATION
Staff recommend that the City Council continue the public hearing of November 13, 2025, to December 9, 2025, to decide on the appeal of the Planning Commission’s Approval of Use Permit (UP-25-001) and Site Development Review (SD-25-001).

Prepared by: Natalie Dean, Associate Planner
Submitted by: Carmela Campbell, Economic and Community Development Director Attachments:

1. Attachment 1: Draft City Council Resolution Approving Use Permit (UP-25-001), Site Development Review (SD-25-001)
Exhibit A - Project Plans
Exhibit B - Statement of Use
Exhibit C - Photo Simulations

2. Attachment 2: Planning Commission Staff Report dated 10/16/2025

3. Attachment 3: Draft Planning Commission Resolution dated 10/16/2025

4. Attachment 4: Draft Planning Commission Minutes dated 10/16/2025

5. Attachment 5: Desk Item dated 10/16/2025

6. Attachment 6: Appeal Letter dated 10/19/2025

7. Attachment 7: Noise Analysis

8. Attachment 8: Alternative Sites Analysis

9. Attachment 9: Public Comment dated October 24, 2025

10.Attachment 10: Public Comment dated October 30, 2025

11.Attachment 11: City Council Staff Report dated November 4, 2025

12.Attachment 12: Public Comment dated November 4, 2025 Agenda Item No. 3.1
City Council Staff Report Page 4 of 4 November 13, 2025

13.Attachment 13: Public Comment dated November 5, 2025

14.Attachment 14: Public Comment dated November 11,2025

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