Title
PLN26-0029 - Administrative Use Permit - 2020 Clement Avenue - Applicant: Roberto Saldana Jr. A public hearing to consider an Administrative Use Permit to allow modification of an existing dwelling unit including the legalization of the existing 338 square foot unpermitted rear addition and rear deck expansion, a use permit is required for modifications to existing residential units in the M-1, Intermediate Industrial (Manufacturing) District.
Body
CITY OF ALAMEDA
PLANNING, BUILDING AND TRANSPORTATION DEPARTMENT
ADMINISTRATIVE USE PERMIT
ITEM NO: 3-A
PROJECT
DESCRIPTION: PLN26-0029 - Administrative Use Permit - 2020 Clement Avenue - Applicant: Roberto Saldana Jr. A public hearing to consider an Administrative Use Permit to allow modification of an existing dwelling unit including the legalization of the existing 338 square foot unpermitted rear addition and rear deck expansion, a use permit is required for modifications to existing residential units in the M-1, Intermediate Industrial (Manufacturing) District.
GENERAL PLAN: Mixed Use
ZONING: M-1, Intermediate Industrial (Manufacturing) District
ENVIRONMENTAL
DETERMINATION: The project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 - Existing Facilities - minor alteration to an existing private structure.
PROJECT PLANNER: Tristan Suire, Planner II
PUBLIC NOTICE: A notice for this hearing was mailed to property owners and residents within 300 feet of the site, published in local newspapers and posted in public areas near the subject property. Staff has [not] received any public comments on this proposed project.
EXHIBITS: 1. Project Plans
RECOMMENDATION: Approve the Use Permit with conditions.
PROPOSAL SUMMARY: The project site is located at 2020 Clement Avenue, a developed, 6,900-square foot parcel generally in the northeast quadrant of the main island. The applicant proposes to allow modifications to the existing 1,202 square-foot single-family residential dwelling including the legalization of the existing unpermitted 338 square-foot single-story rear addition and expansion of the existing deck to 292 square-feet. Pursuant to Alameda Municipal Code (AMC) Section 30-4.11(c)(4) repair, rehabilitation, or modification of an existing dwelling unit where continued use of the dwelling unit would not inhibit attainment of General Plan industrial land use designations or the operation of legitimate industrial uses in the vicinity may be permitted in the Intermediate Industrial (Manufacturing) District subject to use permit approval.
The existing structure was constructed in 1905 as a residence and is listed in the 1941 Sanborn Fire Insurance Maps as a dwelling. The site at that time included two buildings, the extant primary dwelling and a small accessory structure to the immediate east which is no longer present. No record could be found of the subject property having been used for any use besides residential in the interim. The existing building is a single-story, two-bedroom, one bath, 1,202 square-foot single-family dwelling. The subject property is not included in the City’s Historical Building Study List.
The subject property is zoned M-1, Intermediate Industrial (Manufacturing) District, which allows modifications to existing dwellings under certain circumstances. Specifically, the continued use of the dwelling unit must not inhibit attainment of General Plan industrial land use designations or the operation of legitimate industrial uses in the vicinity. The first requirement is effectively moot, as the subject property does not have a General Plan industrial land use designation, the General Plan land use designation of the subject property is Mixed Use, which is intended to facilitate a diverse range of residential densities, and a variety of commercial and business uses. The latter portion of the requirement, to not inhibit the operation of legitimate industrial uses in the vicinity, is met by the proposed project because the subject property is surrounded by residential uses on all sides but the west, and the industrial property to the west had historically been used for salt production, dispensing, and service. The most recent user was Leslie Salt Co., which has not had an active business license since 2024 but does appear to own the property. Given that neighboring uses are predominantly residential, and the lack of any active industrial operations in the vicinity, both requirements can be met to allow modification of the existing residential dwelling.
FINDINGS:
1. The location of the proposed use is compatible with other land uses in the general neighborhood area, and the project design and size is architecturally, aesthetically, and operationally harmonious with the community and surrounding development.
The proposed modification to the existing residential dwelling is compatible with the other land uses in the general neighborhood area. Clement Avenue is a predominately residential street with historical manufacturing and commercial uses that remain as vestiges of the industrial northern waterfront. The surrounding development is characterized by low and medium density residential uses on a block with varying degrees of architectural interest and eclectic architectural styles. The existing building will only be modified to expand the rear deck and legalize the existing rear addition, which will be operationally harmonious with the surrounding land uses. None of the exterior improvements that are proposed as part of the project will be readily visible from the public right-of-way and are generally nominal and aesthetically consistent.
2. The proposed use will be served by adequate transportation and service facilities, including pedestrian, bicycle and transit facilities.
The existing establishment is already served by adequate transportation and service facilities. The property is located on Clement Avenue, a neighborhood collector street, which has recently improved protected bike lanes. The nearest AC transit stop is approximately 0.6 miles from the subject property at Park and Clement, lines that stop here include the 30 (Dimond-Fruitvale-South Shore) and the 31 (Skyline-Fruitvale-Bay Farm). No parking improvements are proposed, however the subject property has an existing curb cut and driveway that can safely accommodate at least one private vehicle. Public street parking is available along the south side of Clement Avenue, and the proposed use is not expected to generate any additional volume of new users, rather it’s intended to allow continued use by existing users. Therefore the proposed use will be served by adequate transportation and service facilities.
3. The proposed use, if it complies with all conditions upon which approval is made contingent, will not adversely affect other property in the vicinity and will not have substantial deleterious effects on existing business districts or the local economy.
Permitting modifications to the existing dwelling unit, as conditioned, will not adversely affect other properties in the vicinity. The existing building is located on a lot with typical dimensions for a residential use, surrounded by similar lots with primarily residential uses, and the proposed modification would not create undue impacts on surrounding properties, or have any deleterious effects on existing businesses in the vicinity. The existing restaurant business in the area will not be adversely affected by the presence of modifications to the existing residence, because the modification simply allows continued residential use of the site, and will not impact operations of the business. The proposed use will not generate any new nuisance because the use has been established for decades, and is partially surrounded by similar uses.
4. The proposed use relates favorably to the General Plan.
The site is designated for Mixed Use in the Alameda 2040 General Plan which emphasizes a variety of building densities, housing types, and commercial and business uses. Policy LU-17 in the Land Use Element of the General Plan notes that adaptive reuse and restoration of existing structures should be supported and encouraged to retain the structure’s embodied energy and reduce the generation of waste.
5. AMC 30-21.4(a) Approval by Zoning Administrator.
Pursuant to Alameda Municipal Code Sec. 30-21.4(a), the Zoning Administrator has determined that the application poses no special problems nor requires project-specific conditions of approval because the proposal is a modification to an existing residential use with no increase in intensity.
1. Compliance with Plans. Any modification on this site shall be in substantial compliance with the use permit application submittal dated January 19th, 2026, by Roberto Saldana Jr., on file in the City of Alameda Planning, Building, and Transportation Department, except as modified by the conditions listed in this report.
2. Changes to Approved Plans: This approval is limited to the scope of the project defined in the project description and does not represent a recognition and/or approval of any work completed without required City permits. Any changes to the approved scope of the project shall be submitted to the Planning, Building, and Transportation Department for review and approval.
3. Vesting: The Use Permit approval shall expire two (2) years after the date of approval or by February 17, 2028, unless authorized construction or use of the property has commenced. The applicant may apply for a time extension, not to exceed two (2) years. An extension request will be subject to approval by the Zoning Administrator and must be filed prior to the date of expiration.
4. Revocation: This Use Permit may be modified or revoked by the Zoning Administrator, pursuant to Alameda Municipal Code Section 30-21.3.d should the Zoning Administrator determine that: 1) the use or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity; 2) the property is operated or maintained so as to constitute a public nuisance; or 3) the use is operated in violation of the conditions of the Use Permit.
5. Indemnification. The Applicant shall defend (with counsel reasonably acceptable to the City), indemnify, and hold harmless the City of Alameda, the Alameda City Planning Board and their respective agents, officers, and employees from any claim, action, or proceeding (including legal costs and attorney’s fees) against the City of Alameda, Alameda City Planning Board, and their respective agents, officers, or employees to attack, set aside, void or annul, an approval by the City of Alameda, the Planning, Building, and Transportation Department, Alameda City Planning Board, the City of or City Council related to this project. The City shall promptly notify the Applicant of any claim, action, or proceeding and the City shall cooperate in such defense. The City may elect, in its sole discretion, to participate in the defense of said claim, action, or proceeding. No judicial proceedings subject to review pursuant to California Code of Civil Procedure Section 1094.5 may be prosecuted more than ninety (90) days following the date of this decision plus extensions authorized by California Code of Civil Procedure Section 1094.6
Exhibits:
1. Project Plans