Council approves 6‑story Mount Diablo mixed‑use project after debate over affordable‑unit placement and trees
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Summary
After extended discussion about tree removal, sidewalk width and the placement of three below‑market‑rate units, Lafayette City Council approved a 6‑story, 31‑unit mixed‑use project at 3458 Mount Diablo Boulevard with conditions that include heritage‑oak protections and standard building waivers.
Lafayette City Council on a unanimous vote approved a 6‑story, 31‑unit mixed‑use project at 3458 Mount Diablo Boulevard after hours of questions about design, tree removal and how the required below‑market‑rate (BMR) units would be distributed through the building.
Staff consultant Monica summarized the proposal as a state density‑bonus project processed under SB 330 and AB 130: demolition of an existing commercial building to make way for a six‑story structure 62 feet, 3 inches tall with 31 condominium units, about 42 square feet of ground‑floor commercial/live‑work space and 55 parking stalls. The project proposes substantial façade revisions, added stepbacks on upper levels, and interior changes since earlier hearings. Staff noted the applicant requests multiple waivers (height, setbacks, landscape setback, parking design) and one concession related to the city’s inclusionary housing rules.
The project would remove 18 of 20 existing on‑site trees and proposes replacement plantings that staff said do not meet the municipal replacement ratios; under the code the applicant requested a tree‑replacement waiver and a related request under the density‑bonus framework. The council added a condition requiring explicit protections during construction for the large heritage oak across 2nd Street.
The meeting’s most contested issue was whether the three required BMR units meet the city’s dispersion and comparability rules. Staff and several council members said the current plan clusters two very‑low income two‑bedroom BMR units on the building’s second level adjacent to the parking podium, with a third unit on the fourth floor, and flagged that as inconsistent with the municipal inclusionary standard that BMR units be dispersed and comparable to market units. City Attorney (staff) reminded the council that state density‑bonus law limits local discretion but confirmed the council could make a factual finding whether the project meets the local dispersion requirement.
Developer Nikhil Guerra told the council he would be willing to provide a three‑bedroom unit if the council agreed the units are adequately dispersed. "If you're willing to say that this is dispersed across the project and it's fine, then I'm okay saying, I'll provide the 3‑bedroom," Guerra said, adding that trade‑offs between adding a 3‑bedroom BMR and funding public art affect the project's financial feasibility.
Public commenter Will Newhart urged denial, calling the proposal "hulking" and "out of character" for the corridor; a union representative, Ramona Amaral, urged the council to impose strong labor standards if the project moves forward.
After failing to win a majority on a motion to find the BMRs adequately dispersed, the council voted to approve staff’s resolution adopting findings and conditions on the project, with an amendment adding specific construction‑period protections for the heritage oak across Mount Diablo Boulevard. The resolution authorizes the waivers and the concession path established in the packet; staff will finalize conditions in the exhibit to the resolution.
Next steps: the approved resolution includes standard conditions from the staff report (tree protection per arborist recommendations, engineering and fire district approvals at permit stage, and compliance with CEQA streamlining under the applicable state law). Building permits and required outside agency approvals must be secured before construction begins.
