RESOLUTION NO. X-25
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF UNION CITY APPROVING 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 5 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 (APN: 475-0148-002-00)
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; Site Development Review (SD-25-001) for the construction of a new 2,320 square-foot roofmounted enclosure and 359 square-foot ground-mounted equipment enclosure.
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, the project plans and supporting documents, labeled Exhibits A, B, and C, are attached hereto and made a part hereof.
NOW THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of Union City does hereby find as follows:
That the foregoing recitals are true and correct and made a part of this resolution.
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)
ATTACHMENT 3
Planning Commission Resolution Number #
UP-25-001, SD-25-001 32975 Alvarado-Niles Road
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 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 adhere to all required conditions from the City and responsible agencies. Under UCMC Section 18.114.100, wireless telecommunication facilities must meet standards and regulations of the Federal Communications Commission (FCC), the California Public Utilities Commission (PUC), and any agency with the authority to regulate radio frequency emissions of wireless telecommunication facilities. The Radio Frequency Emissions Compliance Report For AT&T Mobility, dated September 5, 2025, attests 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 that include but are 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 the coverage for AT&T and improve service to customers in the vicinity. The project complies with Title 18 by providing a use that promotes and protect 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)
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 height of the project will not be detrimental to the light, air or privacy of any other structure or use within the surrounding area. The height of the proposed structure is 43 feet and five inches and is set back approximately 80 feet from the adjacent residential lots. As shown in the photo simulations, there are no impacts to light.
Wireless Telecommunication Facilities (UCMC Sec.18.114.130) Planning Commission Resolution Number #
UP-25-001, SD-25-001 32975 Alvarado-Niles Road
6. The project has been designed per the requirements of UCMC Chapter 18.114. The location of the project has been designed to meet or exceed current standards and regulations of the FCC and PUC pertaining to RF emissions standards. The applicant has provided all plans, documents and reports that evidence compliance with requirements for design, safety, noise, and wireless gap coverage per the requirements of this chapter. 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 in a rooftop structure designed to match the architecture of the building. 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 that demonstrates a coverage gap in this area; these documents have been reviewed by the City’s consultant who has confirmed and concurred with these conclusions. The project has been sited per all setback requirements and has been designed to minimize visual and related aesthetic impacts to nearby neighbors and views from public right of ways.
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 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 the coverage for AT&T and improve service to customers in the vicinity and for the needs of residents, businesses, and first responders in the City of Union City.
Planning Commission Resolution Number #
UP-25-001, SD-25-001 32975 Alvarado-Niles Road
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 which 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 and will be painted and screened to blend in with existing structures and surrounding site amenities compatible with the existing religious facility. The presence of the new antennas will improve the coverage for AT&T and improve service to customers in the vicinity and for the needs of residents, businesses, and first responders in the City of Union City.
BE IT FURTHER RESOLVED that the Planning Commission of Union City hereby approves Use Permit (UP-25-001) and Site Development Review (SD-25-001), as set forth 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 from the approved plans are subject to the review and approval of 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.
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 Planning Commission Resolution Number #
UP-25-001, SD-25-001 32975 Alvarado-Niles Road
recommendations listed in the Radio Frequency Emissions Compliance Report For AT&T Mobility, dated September 5, 2025.
7. Building Materials and Finishes. 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 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. The provision of warning signs, fencing, anti-climbing devices, or other techniques to prevent unauthorized access and vandalism shall be provided.
12.Prior to issuance of building permits, the applicant/property owner shall pay all applicable fees (Capital Facilities Fee, Park Facilities Fee, etc.) that are in effect at the time of building permit issuance.
13.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.
14.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 Planning Commission Resolution Number #
UP-25-001, SD-25-001 32975 Alvarado-Niles Road
telecommunication facility project shall comply with the operations and maintenance standards of UCMC Sec. 18.114.090 at all times.
15.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.
16.Prior to the issuance of 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
17.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
18. Plans to meet building and fire codes adopted at time of building plan submittal.
PUBLIC WORKS DEPARTMENT
19.The applicant shall obtain an encroachment permit from the Public Works Department for any work within the public right-of-way.
20.The applicant shall obtain a grading permit from the Public Works Department prior to any site disturbance for the project.
21.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.
22.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
23.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 both to the construction phase and to routine facility operations.
Planning Commission Resolution Number #
UP-25-001, SD-25-001 32975 Alvarado-Niles Road
24.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.
Planning Commission Resolution Number #
UP-25-001, SD-25-001 32975 Alvarado-Niles Road
I HEREBY CERTIFY that the foregoing resolution was introduced and adopted at a regular meeting of the Planning Commission of the City of Union City held on October 16, 2025, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
MOVED:
SECONDED:
APPROVED
________________________
Seyi Mclelland, Chairperson
ATTEST:
_________________________
Carmela Campbell, Secretary