HomeMy WebLinkAboutRES 2026-13PLANNING COMMISSION
RESOLUTION NO. 2026-13
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND
BAR, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. PL2026-37 TO
OPERATE A PERSONAL FITNESS STUDIO WITHIN A 1,200 SQUARE -FOOT
LEASE SPACE LOCATED AT 701 SOUTH BREA CANYON ROAD, SUITE 12,
DIAMOND BAR, CA 91789 (APN 8760-021-005).
A. RECITALS
1. Property owner, Shea Properties, and applicant, Ashley Vierra Fitness, have filed
an application for Conditional Use Permit No. PL2026-37 to operate a personal
fitness studio at a 1,200 square -foot space at the Shea Center, a multi -tenant
industrial office business park. The project site is more specifically described as
701 South Brea Canyon Road, Suite 12, Diamond Bar, Los Angeles County,
California. Hereinafter in this resolution, the subject Conditional Use Permit shall
be referred to as the "Project" or "Proposed Use."
2. The subject property is comprised of a 19.2 gross acre parcel. It is located in the
Light Industry -Housing Element Site Overlay (1-H) zone with a General Plan land
use designation of Transit Oriented Mixed Use.
3. The legal description of the subject property is Lots 5 and 6 of the Swan
Subdivision and the Assessor's Parcel Number (APN) is 8760-021-005.
4. On September 11, 2026, public hearing notices were mailed to property owners
within a 500-foot radius of the project site. On September 11, 2026, the notice
was published in the San Gabriel Valley Tribune newspaper; the project site was
posted with a notice display board; and a copy of the public notice was posted at
the City's designated community posting sites.
5. On September 22, 2026, the Planning Commission of the City of Diamond Bar
conducted a duly noticed public hearing, solicited testimony from all interested
individuals, and concluded said hearing on that date.
B. RESOLUTION
NOW, THEREFORE, it is found, determined and resolved by the Planning Commission
of the City of Diamond Bar as follows:
1. The Planning Commission hereby specifically finds that all of the facts set forth
in the Recitals, Part A, of this Resolution are true and correct.
2. The Planning Commission hereby determines the Project to be Categorically
Exempt from the provisions of the California Environmental Quality Act (CEQA)
pursuant to the provisions of Article 19, Section 15301(a) (Interior alterations
involving partitions and electrical conveyances) of the CEQA Guidelines.
Therefore, no further environmental review is required.
C. FINDINGS OF FACT
Based on the findings and conclusions set forth herein and as prescribed under
Diamond Bar City Code (DBCC) Section 22.58, the Planning Commission hereby finds
and approves as follows:
Conditional Use Permit Review Findings (DBCC Section 22.58)
1. The Proposed Use is allowed within the subject zoning district with the approval
of a conditional use permit and complies with all other applicable provisions of
this Development Code and the Municipal Code.
Pursuant to DBCC Section 22.10.030 Table 2-6, personal fitness studios, as
defined by DBCC Section 22.80.020, are permitted in the I-H zoning district with
approval of a conditional use permit. The proposed personal fitness studio will be
located in a vacant tenant space within Shea Center, an existing multi -tenant
industrial office business park. Through compliance with the conditions of
approval stipulating the manner in which the use must be conducted, the
proposed personal fitness studio will be compatible with neighboring uses in the
industrial office business park and surrounding neighborhood.
2. The Proposed Use is consistent with the general plan and any applicable specific
plan.
The Proposed Use is consistent with General Plan Goal LU-G-11: ("Support
existing commercial centers by encouraging ongoing investment and, where
appropriate, reuse and redevelopment) in that the Proposed Use will occupy an
existing tenant space.
The Proposed Use is consistent with General Plan Goal ED-G-3: ("Support the
retention, rehabilitation, and/or expansion of existing businesses, and the
attraction of new businesses) in that the Proposed Use is a new business
locating within an existing industrial office business park.
The Project site is not subject to the provisions of any specific plan.
3. The design, location, size and operating characteristics of the Proposed Use are
compatible with the existing and future land uses in the vicinity.
The Proposed Use will be located within an existing tenant space within a
309,101 square -foot, multi -tenant industrial office business park occupied by a
variety of tenants, including wholesale, manufacturing, distribution, professional
offices, and storage uses. The Proposed Use complies with the City's
Development Code parking requirements, and the parking demand generated by
the Proposed Use is not likely to exceed the number of on -premise parking
spaces available to serve the Proposed Use at any given time. The Proposed
Use will operate from Monday through Friday from 8:00 a.m. to 8:00 p.m.,
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Saturday from 7:00 a.m. to 1:00 p.m., and Sunday from 7:00 a.m. to 10:00 a.m.
The proposed fitness studio operates daily by appointment only.
Through compliance with the conditions of approval stipulating the manner in
which the use must be conducted, the Proposed Use will be compatible with the
other uses within the industrial office business park and surrounding
neighborhood.
The subject site is physically suitable for the type and densitylintensity of use
being proposed, including access, provision of utilities, compatibility with
adjoining land uses, and the absence of physical constraints.
The Proposed Use is located within a multi -tenant industrial office business park
occupied by a variety of tenants, including wholesale, manufacturing, distribution,
professional offices, and storage uses with 656 off-street parking spaces. The
existing gross floor area of the Shea Center requires 571 parking spaces, and
the Proposed Use requires 10 parking spaces based on Development Code
requirements. The total off-street parking requirement for the Shea Center would
thus be 592 spaces, leaving a surplus of 64 spaces based on current
Development Code parking requirements.
The varying uses result in a range of peak business hours and parking demands.
The personal fitness studio is proposed to be open seven days a week by
appointment only. Per demand, the use is required to provide a maximum of
six parking spaces for five clients and one employee. Under the unlikely scenario
that all other businesses are simultaneously experiencing peak operations, the
center's parking demand could reach 583 spaces. Since 656 parking spaces are
available, there would still be a surplus of 73 parking spaces under this scenario.
Staff does not foresee any parking issues resulting from the Proposed Use. The
existing parking supply is adequate and can accommodate the adult learning
center. In addition, the Proposed Use will not increase any square footage to the
existing building.
Given the proposed hours of operation, the overall parking demands, and the
types of adjoining uses, it is reasonable to conclude that the Proposed Use will
be compatible with the other uses in the industrial office business park and
neighborhood.
The Proposed Use is physically suitable at the subject site because it will be
located within an existing industrial office business park and will be using existing
access and parking in the center.
5. Granting the conditional use permit will not be detrimental to the public interest,
health, safety, convenience, or welfare, or injurious to persons, property, or
improvements in the vicinity and zoning district in which the property is located.
The Proposed Use is located within an industrial office business park. The clients
will be supervised by staff at all times, which will help ensure the orderly operation
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of the fitness studio and minimize potential impacts on surrounding properties.
Prior to the issuance of any city permits, the Project is required to comply with all
conditions of approval within the attached resolution, and the requirements of the
Building and Safety Division. Compliance with these requirements will ensure that
the Proposed Use is operated in a manner that protects the public health, safety,
and welfare and does not adversely affect surrounding properties or
improvements.
Additionally, if the City finds that the use is the cause of a parking deficiency,
noise nuisance, or other land use impact that is detrimental to the public interest,
health, safety, convenience, or welfare, or injurious to persons, within or beyond
the subject property boundaries, the applicants will be required to mitigate
impacts back to acceptable levels, or face the possibility of modification or
revocation of the CUP (Condition #4).
6. The proposed Project has been reviewed in compliance with the provisions of the
California Environmental Quality Act (CEQA).
The proposed use is categorically exempt from the provisions of the California
Environmental Quality Act (CEQA) as set forth under Article 19 Section 15301(a)
(Interior alterations involving partitions and electrical conveyances) of the CEQA
Guidelines.
D. CONDITIONS OF APPROVAL
Based upon the findings and conclusion set forth above, the Planning Commission
hereby approves Conditional Use Permit No. PL2026-37, subject to the following
conditions:
This approval is for the operation of a personal fitness studio at a 1,200 square -
foot space located within an existing industrial office business park as described
in the application on file with the Planning Division, the Planning Commission
staff report for Conditional Use Permit No. PL2026-37 dated September 22,
2026, and the Planning Commission minutes pertaining thereto, hereafter
referred to as the "Use."
The Use shall substantially conform to the approved plans as submitted and
approved by the Planning Commission and on file with the Community
Development Department.
3. This Conditional Use Permit shall be valid only for 701 South Brea Canyon Road,
Suite 12, as depicted on the approved plans on file with the Planning Division.
Prior to relocating or expanding the Use into other tenant spaces, the applicant
shall first apply for and receive approval of an amended Conditional Use Permit.
4. If, at any time, the City finds that the Use is the cause of a parking deficiency,
noise nuisance, or other land use impact, within or beyond the subject property
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boundaries, the Community Development Director, after providing the entitlement
holder a reasonable opportunity to mitigate the impact(s) to an acceptable level,
may refer the matter back to the Planning Commission to consider amending or
revoking this Conditional Use Permit to address such impacts.
5. No changes to the approved scope of services comprising the Use shall be
permitted unless the applicant first applies for an amendment to thisConditional
Use Permit, pays all application processing fees and receives approval from the
Planning Commission, except that the Community Development Director may
administratively approve minor modifications to the use if the Director determines
that such modifications are consistent with the intent and conditions of this
Conditional Use Permit and do not substantially alter the approved scope or
intensity of the Use.
The Planning Commission shall:
(a)
(b)
Certify to the adoption of this Resolution; and
Resolution, by certified mail to
667 Brea Canyon Road #25,
Ashley Vierra Fitness, 29535
Forthwith transmit a certified copy of this
the property owner, Shea Properties,
Diamond Bar, CA 91789; and applicant,
.h ininrri nrive. Walnut. CA 91789.
APPROVED AND ADOPTED THIS 22ND DAY OF SEPTEMBER, 2026, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
By.
tr
Brian Worthington, Chairperson
I, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing
Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning
Commission held on the 22nd day of September, 2026, by the following vote:
AYES: 5 Comm issioners:Mao, Torres, Mehta, Rawlings, Worthington
NOES: 0 Commissioners:None
ABSENT: 0 Commissioners None
ABSTAIN: 0 CommissionersNone
ATTEST: �4-1-�
Greg Gubman, Secretary
PC Reso No. 2026-13
COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL
NEW AND REMODELED STRUCTURES
PROJECT #: Conditional Use Permit No. PL2026-37
SUBJECT: To operate a personal fitness studio at a 1,200 square -foot space at
the Shea Center, a multi -tenant industrial office business park
PROPERTY Shea Properties
OWNER(S): 667 Brea Canyon Road #25
Diamond Bar, CA 91789
APPLICANT: Ashley Vierra Fitness
29535 Julliard Drive
Walnut, CA 91789
LOCATION: 701 South Brea Canyon Road, Suite 12
Diamond Bar, CA 91789
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.
APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. GENERAL REQUIREMENTS
The applicant shall defend, indemnify, and hold harmless the City, and its officers,
agents and employees, from any claim, action, or proceeding to attack, set -aside,
void, or annul the approval of Conditional Use Permit No. PL2026-37. In the event
the city and/or its officers, agents and employees are made a party of any such
action:
(a) Applicant shall provide a defense to the City defendants or at the City's
option reimburse the City its costs of defense, including reasonable
attorney fees, incurred in defense of such claims.
(b) Applicant shall promptly pay any final judgment rendered against the City
defendants. The City shall promptly notify the applicant of any claim,
action of proceeding, and shall cooperate fully in the defense thereof.
2. This approval shall not be effective for any purpose until:
(a) The applicant and property owner have each filed with the Community
Development Department an affidavit stating that they are aware of and
agree to accept all of the conditions of approval contained herein; and
(b) All remaining application processing fees have been paid in full.
3. The business owners and all designers, architects, engineers, and contractors
associated with this project shall obtain a Diamond Bar Business License for
those businesses located in Diamond Bar.
4. The project site shall be maintained and operated in full compliance with the
conditions of approval and all laws, or other applicable regulations.
5. Approval of this request shall not waive compliance with all sections of the
Development Code, all other applicable City Ordinances, and any applicable
Specific Plan in effect at the time of building permit issuance.
6. To ensure compliance with all conditions of approval and applicable codes, the
Conditional Use Permit shall be subject to periodic review. If non-compliance
with conditions of approval occurs, the Planning Commission may review the
Conditional Use Permit. The Commission may revoke or modify the Conditional
Use Permit.
7. Property owner/applicant shall remove the public hearing notice board within
three (3) days of this project's approval.
8. The applicant shall comply with the requirements of City Planning, Building and
Safety Divisions, and the Fire Department.
B. FEES/DEPOSITS
1. Applicant shall pay all applicable fees, at the established rates set forth in the
City's official fee schedules, prior to issuance of building permits. School fees as
required shall be paid prior to the issuance of building permit. In addition, the
applicant shall pay all remaining prorated City project review and processing fees
prior to issuance of grading or building permit, whichever comes first.
2. Prior to any plan check, all deposit accounts for the processing of this project
shall have no deficits.
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C. TIME LIMITS
1. The approval of Conditional Use Permit No. PL2026-37 shall expire within one
(1) year from the date of approval if the use has not been exercised as defined
pursuant to DBCC Section 22.66.050 (b)(1). The applicant may request in writing
a one-year time extension subject to DBCC Section 22.66.050(c) for Planning
Commission review and approval.
APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020,
FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
General Conditions:
1. The applicant shall complete all ADA accessibility upgrades identified on the submitted
plans to the extent "readily achievable," as that term is defined in Title III of the
Americans with Disabilities Act, 42, U.S.0 §12181(9).
2. If construction activities are proposed, a building permit is required.
3. All work shall be in conformance to the 2025 California Building Code series.
4. The maximum number of occupants shall be under 10.
END
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