Planning Commission approves land-use permit to remove apartment at 3409 Mount Diablo Boulevard

The Lafayette Planning Commission voted 6-0 to approve a land use permit allowing removal of a vacant upper-floor apartment at 3409 Mount Diablo Boulevard and related interior demolition.

Assistant Planner Anna Toll presented the application (file titled LU-425) and told commissioners the building, constructed in 1956 and in the C-1 zoning district with an East End Commercial general-plan designation, contains commercial uses and a three-bedroom apartment at the rear upper floor that has been vacant for about five years. Toll said staff found no permit history demonstrating the unit had been properly permitted as a residential conversion and that, because the unit is not currently serving as housing, the findings for approval could be made for consistency with the general plan and zoning. Toll said the applicant proposes interior demolition in phase 1 and exterior and tenant-improvement work in phase 2, with exterior facade work to return to the Design Review Commission.

Toll recommended the commission find the project exempt from the California Environmental Quality Act and adopt PC Resolution 2025-07 approving the land use permit subject to conditions. Commissioners asked clarifying questions about bike parking, potential interim storage use of the emptied space, and the phasing rationale. The applicant representative explained that the phasing is driven by existing leases on the upper floor, which run until early 2028, and that phase 1 would remove the living-unit interior and rear access while leaving a shell until phase 2 tenant improvements.

One commissioner raised a concern that unpermitted conversions, once discovered, generally require either bringing the space up to current code or demolition; a commissioner noted that could force property owners into decisions they might not otherwise make. Staff explained Lafayette Municipal Code section 6,250 sets a default one-year approval period for permits, with the planning director able to grant a one-year extension upon showing of good cause; staff said demolition work once initiated and diligently pursued can vest the entitlement.

Commissioner (name not specified in the record) moved that the commission find the project CEQA-exempt and adopt PC Resolution 2025-07; the motion was seconded and passed 6-0. Staff noted a 14-day appeal period to the City Council.

The adopted resolution authorizes the land-use permit to remove the residential unit as conditioned; the file identifier referenced in the staff presentation is LU-425. No additional permits or Design Review approvals for facade work were decided at this meeting.