Planning Commission approves permit to remove upper-floor apartment at 3409 Mount Diablo Blvd.

The Lafayette Planning Commission voted 6-0 to approve a land use permit to remove a vacant upper‑floor apartment at 3409 Mount Diablo Boulevard and found the project exempt from the California Environmental Quality Act.

The decision, formalized in Planning Commission Resolution 2025‑07, clears phase 1 interior demolition of the three‑bedroom unit and the removal of the exterior stair and rear hall that currently provide access to the apartment. The vote was made at the Planning Commission meeting where staff recommended approval subject to conditions.

Assistant Planner Anna Toll told the commission the property sits in the C‑1 zoning district with an East End Commercial general plan designation and that staff found no permit history showing the unit was legally converted. "The apartment has been vacant for approximately 5 years and is not currently providing or serving as a housing unit for anyone in the community," Toll said, noting available records suggest the residential conversion likely occurred after 1978.

Staff outlined a two‑phase approach: phase 1 would demolish the interior of the apartment and remove the rear exterior access; phase 2 would be a future tenant improvement to create three commercial or office spaces facing Mount Diablo Boulevard and exterior façade changes that will go to the Design Review Commission. Toll said a lower story already has approval for a commercial tenant improvement to convert to wine storage.

The applicant (represented at the hearing) said the phasing schedule is driven by existing commercial leases and that the upper floors carry leases that run until early 2028; the applicant added the apartment space has been vacant and will remain a shell until phase 2 tenant improvements can be completed. The applicant also provided a petition of support signed by nearby neighbors, Toll said.

Commissioners asked about interim uses, building code implications and whether the unit had been counted in the city's housing inventory. Toll said that because the city never recognized the unit as a permitted housing unit, it was not counted as an opportunity site or part of the housing element.

The Planning Director explained permit timing and expiration rules under local code, saying Lafayette Municipal Code 6.250 provides that, unless otherwise specified, a permit is valid for one year from the approval date and that the planning director may grant a one‑year extension for good cause. The commission was told that if demolition and a good‑faith continuation of work are initiated, the entitlement can vest; if work ceases for a year, the permit could lapse.

The motion approved reads in full: "Find the project exempt from CEQA and adopt PC Resolution 2025‑07, approving the land use permit to remove the residential unit subject to conditions." The record shows the commission voted 6 in favor, 0 opposed. There is a 14‑day appeal period to the City Council.

The resolution and staff report require compliance with the listed conditions; the item will return to the applicant for design review on facade and frontage improvements and for any building permits. Staff said questions about specific requirements such as bike parking location or fire‑sprinkler triggers will be determined during design review and by the fire district or building division as part of permit review.

Planning staff and the applicant are expected to proceed with the phased work; any change that would reestablish the space as a residential unit would require meeting current building codes and permitting.