ATTACHMENT 3
CITY OF UNION CITY
DRAFT
MINUTES FOR THE SPECIAL PLANNING COMMISSION MEETING
ON THURSDAY, DECEMBER 11, 2025 AT 7:00 P.M.
IN THE COUNCIL CHAMBERS OF CITY HALL
34009 ALVARADO-NILES ROAD
UNION CITY, CA 94587
1. CALL TO ORDER
A. PLEDGE OF ALLEGIANCE
B. ROLL CALL
PRESENT: Chairperson Seyi Mclelland, Commissioner Jo Ann Lew and Alternate Francisco Elizondo
ABSENT: Vice-Chairperson Ignacio Romero and Commissioners Lee Guio and Prairna Gupta Garg
STAFF: Carmela Campbell, Economic & Community Development Director; Natalie Dean, Associate Planner; Brandon DeLucas, Contract Senior Planner; Diana Cangco, City Engineer; Juliet Vaughn, Legal Counsel and Tracey Barragan, Administrative Assistant III
2. APPROVAL OF MINUTES
2.1 Approve Planning Commission Minutes for Regular Meeting of September 18, 2025
The regular Planning Commission minutes for September 18, 2025 were accepted as written.
2.2 Approve Planning Commission Minutes for Regular Meeting of October 16, 2025.
The regular Planning Commission minutes for October 16, 2025 were accepted as written.
3. ORAL COMMUNICATIONS: None
4. WRITTEN COMMUNICATIONS: None
5. PUBLIC HEARINGS
5.1 CONTINUED HEARINGS: None
5.2 NEW HEARINGS
Planning Commission Minutes 2 December 11, 2025
5.2.1 Rajwant Shoker, Owner, is seeking Use Permit (UP-25-006) Approval for a Yoga Studio in an Existing 2,518 Square-Foot Tenant Space within a Multi-Tenant Building Located at 33501 Western Avenue (APN: 475-0100-009-2) within the Special Industrial (MS) Zoning District.
Staff is recommending the Project be Considered
Categorically Exempt from the California Environmental
Quality Act (CEQA) under Section 15301, Existing Facilities, of the CEQA Guidelines.
Natalie Dean, Associate Planner, provided a PowerPoint presentation for Use Permit (UP-25- 006).
Ms. Dean reported a Desk Item was prepared in response to questions/comments from Commissioner Lew.
Ms. Dean recommended the Planning Commission approve Use Permit (UP-25-006), making the specific findings listed in Section III of the staff report, subject to the conditions of approval, as modified by the Desk Item, and adopt a resolution confirming this action.
Commissioner Lew thanked staff for the Desk Item. She asked If the business is successful whether overflow parking will be provided on the street.
Carmela Campbell, Economic & Community Development Director, stated staff will have to take a look and added, generally speaking, on-street parking is prevalent throughout the Central Bay area but staff will have to confirm for this specific street.
Chairperson Mclelland asked for clarification on who the owner/operator was since the agenda showed Rajwant Shoker as the owner.
Ms. Dean explained that Rajwant Shoker is the owner of the building/property.
Chairperson Mclelland expressed concern about the adequacy of parking in the area. She added she is familiar with the area since her daughter dances at the dance studio, parking is generally not an issue, but during certain times of the year, there is no parking, particularly during Ramadan because of the religious school there, events at the Burmese Center, and other businesses that held events where off-street parking may be an issue. She understood the key will be for the applicant to work closely with the other tenants and ensure there is communication since parking can be difficult.
Ms. Campbell thanked the Chair for the feedback.
PUBLIC HEARING OPENED
Kent Liu, 33501 Western Avenue, Union City, explained the business will operate as Align Yoga and Pilates and added for the last ten years he has been a tenant in the space, operating a shipping business in the same exact location and is familiar with the area. He added he is also a licensed Realtor, a Public Notary and has served in the Navy Reserves and as a veteran he values discipline and as a long-term tenant understands a successful plaza relies on stability and good neighbors. He further added the vision is to create a low-density wellness sanctuary for the community and the tenant space will be kept as-is because the existing layout is perfect with no interior construction needed. He stated the low occupancy is by-design, with the space physically divided into two zones; a Pilates room with heavy stationary equipment and class size to be limited Planning Commission Minutes 3 December 11, 2025
to one student per machine, and a yoga space to be limited to small group instruction. He stated pre-registration is required, which guarantees the studio will not exceed the limits set.
In terms of parking and compliance, Mr. Liu acknowledged during certain events in the evening and sometimes on weekends, the parking lot has been full but before that happens notices are provided when certain events are scheduled, which allows the business to plan accordingly. He added the business will cap its total occupancy to 15 people at any given time and schedule a buffer between classes such that vehicles may leave the parking lot before others come in and this was planned for their customers and their neighbors. He further added the equipment in the space will be non-motorized, with no noise and no loud music planned, and with no vibration or any other noise impacts. He stated the studio will operate in the same fashion he operated his shipping business, quiet and courteous to his neighbors and added he is proud to invest in the plaza and be a member of the community.
Commissioner Elizondo asked about the hours of operation.
Mr. Liu stated the hours of operation will be Monday through Friday, from 6:00 a.m. to 12:00 p.m. and 4:30 p.m. to 7:30 p.m. and on the weekends, the hours will be 8:00 a.m. to 12:00 p.m. on Saturdays, and 8:00 a.m. to 11:00 a.m. on Sundays. He added the yoga and Pilates sessions will be around 45-minutes in length with a 15-minuute gap between sessions.
Commissioner Elizondo found the applicant is doing the best possible to accommodate the parking situation with the hours of operation as well as limiting the sessions. He asked if there are any plans for private events or private sessions after-hours.
Mr. Liu emphasized the plan to operate within the hours of operation as stated and everything will require pre-registration. He also clarified there will be ten people per class, one instructor, and an employee, with 13 to 15 people tops, one class at a time with no concurrent classes.
Chairperson Mclelland agreed the key will be communication with all of the other tenants so they can coordinate events to ensure ample parking for the applicant’s clients. Given the tenants currently communicated with each other, she is confident it will work out well.
Ms. Campbell stated that staff confirmed street parking is allowed on Western Avenue.
Commissioner Elizondo asked if there will be any limitations for on-street parking.
Ms. Campbell advised on-street parking is allowed on Western Avenue and the only limitation is that large trucks are not allowed to park on the street. She added there are also some red curbs around the driveways, which is typical for visibility.
PUBLIC HEARING CLOSED
Commissioner Lew moved that the Planning Commission approve Use Permit (UP-25-006), making the specific findings listed in Section III of the staff report, subject to the conditions of approval, as modified by the Desk Item, and adopt a resolution confirming this action.
Commissioner Elizondo seconded. A Roll Call vote was taken.
The motion passed 3-0.
5.2.2 Zoning Text Amendment (AT-25-003) to Title 18, Zoning of the Union City Municipal Code to Amend Chapter 18.08
Planning Commission Minutes 4 December 11, 2025
Definitions; 18.27, Village Mixed Use (VMU) District; 18.36, Commercial Districts, 18.50, Civic Facilities (CF) District and
18.92, Open Space (OS) Zoning District.
Brandon DeLucas, Contract Senior Planner, provided a PowerPoint presentation which included an overview of the proposed Zoning Text Amendments (AT-25-003) to Title 18, Zoning of the Union City Municipal Code.
Mr. DeLucas reported a Desk Item was prepared in response to questions/comments from Commissioner Lew regarding the amendments.
Staff recommended the Planning Commission recommend approval of Zoning Text Amendment (AT-25-003), as modified by the Desk Item, to the City Council, and make the specific findings as listed in the Planning Commission resolution, in support of the recommendation of approval, and adopt the resolution confirming this action.
Commissioner Lew commented the staff report inferred there is a pending application for event space. She asked for more details from staff.
Mr. DeLucas confirmed there is interest in converting an old historic bank building on Union City Boulevard into an event space, and staff is currently processing an application. He confirmed there were some construction issues with the property in that ultimately it was unable to move forward as a veterinary clinic and added the property had later been sold. He further added the application is under review and involves a current event planner who desires not to rent other facilities and wants his own facility to host events. He stated the intent is for the site to be an event space. He added parking for the specific site will be analyzed as part of the staff review; however, pursuant to Assembly Bill (AB) 2097, parking requirements cannot be imposed on the project and concluded by stating the project will be discussed when the specific application is brought forward to the Planning Commission.
Commissioner Lew finds the subject project confusing possibly because of the way it is written, in that it is not consistent throughout. She stated, as an example, event spaces are defined in the Village Mixed Use (VMU) District but were changed a bit for the Commercial Districts. She suggested there are many inconsistencies and questions on the way the text amendments are written, which is why she has so many questions. She added she did not like the idea of live/amplified music being allowed late in the evening, particularly in proximity to residential uses, whether in a residential or the Village Mixed Use District.
Mr. DeLucas stated live music is allowed until 12:00 a.m. for facilities within 500 feet of residential zoning districts and for facilities 500 feet or more from a residential zoning district, amplified live music shall end by 2:00 a.m.
Ms. Campbell clarified currently the Union City Municipal Code (UCMC) allowed live music up to 12:00 a.m. for restaurants and added that regulation is being expanded for facilities 500 feet or more from a residential zoning district, to allow live music until 2:00 a.m.
Commissioner Lew suggested 2:00 a.m. is too late to allow amplified live music, particularly in the VMU District.
Ms. Campbell clarified that although the provision allows for amplified live music, any use must conform with the City’s Noise Ordinance and added should the City receive complaints, noise measurements will be done and if it is found the noise is in excess of the City’s noise limits, the Planning Commission Minutes 5 December 11, 2025
City may conduct enforcement. She added if there are concerns with noise, the City will hire a third-party consultant and work with them to measure the sound.
Diana Cangco, City Engineer, clarified, when asked about the 500-foot limitation, that 500 feet on Smith Street is between Watkins Street to Fredi Street.
Ms. Campbell clarified that along Smith Street there is Fredi Street and Watkins Street, and between these two streets is about 500 feet given that the blocks are small in these areas.
Mr. DeLucas further clarified there is residential in the VMU District and most operations within the VMU District will not be able to utilize the 2:00 a.m. expansion for amplified live music and will be limited to amplified live music to 12:00 a.m. He added this edit is also in the Commercial Districts and will apply to commercial uses including those in Union Landing.
Ms. Campbell reported that Gerry’s Grill, a restaurant in Union Landing, has reached out to the City and requested the extension of amplified live music to 2:00 a.m. as opposed to being limited to 12:00 a.m. She added when staff originally came up with the standards for amplified live music, they initially thought there was going to be a proliferation of uses having live music and there was concern, but staff found it is not an issue. She stated staff also spoke to the Union City Police Department about this change, and the Police Department had no issues. She added Police are assigned specifically to Union Landing and the Police Department again raised no concern.
Commissioner Lew reiterated her concern with the VMU District given housing intermingled with other uses. She added she is aware of one restaurant that wants event space since it has an outdoor area.
Mr. DeLucas clarified the restaurant being referenced was Birdhaus Beer Garden, which is a restaurant that has an outdoor beer garden. He clarified the primary use of the business was not an event space, but a restaurant, with the outdoor beer garden defined as an accessory space.
Commissioner Lew asked if Birdhaus Beer Garden has an area for organizations to come in and celebrate certain events and asked if that is considered an event space.
Mr. DeLucas clarified that Birdhaus Beer Garden is a restaurant with 50 percent of the primary use of the business as a restaurant. He added the business is allowed to have an accessory use that is incidental to the primary use and a party room or event room as part of a primary use is considered incidental and accessory. He further added the owner is not required to apply for a permit for an event space to hold certain events, such as celebrations over the weekend, as an example. Mr. DeLucas concluded that the business is subject to its own permit requirements but did not fall under the event space use category since events were not 50 percent of the use.
Commissioner Lew understood each business will have to decide if they want an event space.
Mr. DeLucas provided another example of a party or birthday room in the back of a restaurant would not trigger the event space requirement since it is not the primary use of the site.
Commissioner Lew asked about the requirements if an existing business requests event space in the VMU District.
Mr. DeLucas reiterated there is a pending application for the property, which had previously envisioned a veterinary clinic, to use the inside of the building as an event venue.
Commissioner Lew suggested that space is not large enough to accommodate events.
Planning Commission Minutes 6 December 11, 2025
Ms. Campbell acknowledged there are few large spaces in the VMU District that can accommodate an event, which is why staff has few concerns with off-site impacts. She added the use of amplified live music at sit-down restaurants or events involves staff level approval and staff can take into consideration things like impacts to nearby neighbors or any other concerns.
She further added the review of permits is site specific.
Commissioner Lew commented on discussions related to the General Plan years ago when there were noise complaints about the Mark Green Sports Center. She added in that case the City did nothing about the issue, which is why she is convinced noise measurements will not be taken.
Ms. Campbell clarified there have been some recent noise complaints in the City, but in order to resolve these issues the City must establish whether there is an issue, which is done through noise measurements prior to enforcement and potential requests for mitigations. She added as to the complaints about noise from the Mark Green Sports Center, she understood the issue was more operational such as people opening doors and not keeping the building closed. She further added she was uncertain how the noise issues were ultimately resolved, she is not aware of any recent issues with the facility, and staff can follow up.
Commissioner Lew stated she has a neighbor who plays live music around three times a year during certain events, until 11:00 p.m. or 12:00 a.m., but she is unaware if any complaints were made from her neighbors. She otherwise had no further comments on this issue and thanked staff for their input.
Commissioner Elizondo had no issue with businesses remaining open with live music until 2:00 a.m. but asked if alcohol is also served until 2:00 a.m., which can result in other issues. He asked if the sale of alcohol could be limited to 1:00 a.m.
Ms. Campbell understood alcohol is allowed to be served until 2:00 a.m. but she is uncertain of the specific restaurant’s operations.
Mr. DeLucas reiterated that type of issue will be part of an Administrative Use Permit (AUP) review process and if there are issues, staff can restrict the hours of the sale of alcohol and that may also include possible revocation of a use permit if there are unresolved issues.
Commissioner Elizondo asked if the security standards for each location will involve one set standard or be adaptable to each restaurant.
Mr. DeLucas explained there will be a checklist with requirements including insurance, no loitering or may require security or cameras to be installed. He added the items on the checklist are evaluated by the Union City Police Department, who may require additional recommendations to be incorporated as part of the use permit and as conditions of approval.
Chairperson Mclelland referenced the scenario of using City property to store items and asked if there is a way to ensure a site will not be left unsightly and allowed to become a dumping ground.
Mr. DeLucas stated for City-owned property, the City, as the property owner, may set standards as to the use of the site and may require fencing as a screen or require maintenance of the property.
PUBLIC HEARING OPENED
There were no comments from the public.
Planning Commission Minutes 7 December 11, 2025
PUBLIC HEARING CLOSED
Commissioner Elizondo moved that the Planning Commission recommend approval of Zoning Text Amendment (AT-25-003), as modified by the Desk Item, to the City Council, and make the specific findings as listed in the Planning Commission resolution (Attachment 1), in support of the recommendation of approval, and adopt the resolution confirming this action.
Commissioner Lew seconded. A Roll Call vote was taken.
The motion passed 3-0.
6. COMMISSION MATTERS
6.1 Follow-up on Planning Commission Referrals to the City Council Ms. Campbell reported in October the Planning Commission approved a wireless facility, which has been appealed to the City Council. She added that on December 9, 2025, the City Council continued the item again to explore a different design for a monopole on the site that could be farther away from the residential uses. She further added staff will work with the applicant on a revised design, and the applicant team also committed to looking for alternative sites.
6.2 Adoption of 2026 Meeting Calendar
The Planning Commission reviewed the 2026 Meeting calendar and there are no recommended edits.
Chairperson Mclelland moved that the Planning Commission approve the 2026 Meeting Calendar, as presented.
Commissioner Elizondo seconded. A Roll Call vote was taken.
The motion passed 3-0.
6.3 Upcoming Applications for the Regular Planning Commission meeting on January 15, 2026
Ms. Campbell reported the meeting of January 1, 2026 will be canceled.
Mr. DeLucas reported that the meeting of January 15, 2026 will tentatively include a use permit in anticipation of City Council approval of an event space proposed at 31014 Union City Boulevard.
7. GOOD OF THE ORDER
Commissioner Lew reported she will be termed out as a Planning Commissioner on January 9, 2026 and the next Planning Commission meeting is scheduled for January 15, 2026. She asked if she is supposed to be gone by that time.
Ms. Campbell reported she has spoken with the City Clerk and recruitment is under way for the Planning Commission seats that will expire on January 9, 2026 for Commissioners Guio and Lew, who would be termed out, and for the second vacant alternate seat. She stated appointments Planning Commission Minutes 8 December 11, 2025
are anticipated to be made in January and until these appointments are made, staff hopes Commissioners Guio and Lew will continue to serve.
Commissioner Lew stated she is also the Planning Commission representative on the Bicycle and Pedestrian Advisory Committee (BPAC) and someone needs to volunteer to serve on the BPAC.
Ms. Campbell added a Planning Commission representative is also needed for the Economic Development Advisory Team (EDAC).
Ms. Campbell asked that Commissioner Lew continue on BPAC until new appointments are made. She added whenever the last meeting is held with Commissioners Guio and Lew, a reception will be held either before or directly after the meeting.
8. ADJOURNMENT: 8:25 P.M.