CITY OF BELL GARDENS PLANNING COMMISSION REGULAR MEETING MINUTES  WEDNESDAY, APRIL 17, 2024, 5:15PM  LOCATION: CITY COUNCIL CHAMBERS, 7100 GARFIELD AVENUE, BELL PUBLIC PARTICIPATION: The members of the public may address the Planning Commission on any item listed on the agenda or on matters which are not listed on the agenda but are within the subject matter jurisdiction of the Planning Commission. Public comments are limited toi three (3) minutes per person for each designated public comment period(s). Public comments for non-agenda items will be limited to a total of 30 minutes. IN-PERSON: Members of the public can provide in-person comments at the podium in the Council Chamber. The Council Chambers will have seating available for members of the public to attend the meeting in person, subject to capacity limits. Public comments are limited to three (3) minutes for each designated public comment period(s) per speaker unless a different time is announced by the presiding chair. Speakers who wish to address the Planning Commission Members should do so by submitting a "Public Comment Card" BY TELEPHONE: Phone Number: 669)900-9128 Webinar ID: 892 6467 1097# Passcode: *2021# To address the Commission press *9 to raise your hand then *6to VIRTUALLY LIVE: Members of the public may participate via Zoom by clicking here and Comments may also be made via the Zoom app by using the "Raise Hand" feature when iti is your turn to speak the host will unmute you. Comments will not be accepted in the WRITTEN COMMENTS: Public comments may be emailed to Damngepelgarvensong or mailed to: Community Development Department, 7100 Garfield Ave., Bell Gardens, CA 90210. To ensure distribution to the members of the Planning Commission prior to consideration of the agenda, please submit comments no later than one (1) hour prior to thei meeting. Those comments, as well as any comments received after, willl be distributed to the members of the Planning Commission and will be part of the official public record For more information, you may contact the Community Development Department during regular business hours 7:30 a.m. to 6:00 p.m., Monday through Thursday at (562).806-  GARDENS, CA 90201  Public comments can be made by any of the following ways:  by 6:00 p.m. for all other designated public comment periods as listed,  unmute yourself when instructed.  entering the Zoom Meeting ID: 892 6467 1097 Passcode: 2021  QandA Chat function of the zoom app.  of this meeting.  1of9    7722.  CALL TO ORDER  The Planning Commission held a Regular Meeting on April 17, 2024, in the Council Chambers, 7100 Garfield Avenue, Bell Gardens, CA with Chairperson Miguel Del Lal Rosa presiding. Chairperson Miguel De La Rosa called the meeting to order at 5:22 p.m.  INVOCATION AND PLEDGE OF ALLEGIANCE led by Associate Planner, Adrian Flores.  The invocation was led by City Planner, Steven Jones and the Pledge of Allegiance was  ROLL CALL OF THE PLANNING COMMISSIONERS  Present:  Commissioner Oscar Boado Commissioner Gustavo Mendez Commissioner Ernesto Ramirez Chairperson Miguel De La Rosa Commissioner Andrew Leon (unexcused)  Absent:  Staff Present: Gustavo Romo, Deputy City Manager/Director of Community  Development; Steven Jones, City Planner; Adrian Flores, Associate Planner; Lloyd Pilchen, Deputy City Attorney; Paloma McEvoy, Deputy City Attorney; Erika Gutierrez, Planning Secretary; Samantha Lubrani,  Translator  Staff requested to continue Item No. 5 on the Agenda to the next Planning Commission Commissioner Oscar Boado made a motion, seconded by Commissioner Gustavo  Meeting scheduled for May 15, 2024.  Mendez, to approve staff's recommendation. The motion carried 4-0-1 with the following vote:  AYES: NOES: ABSENT: Leon ABSTAIN: None  Boado, Mendez, Ramirez, De La Rosa  None  PUBLIC HEARING (Item Nos. 1-4)  1. CONDITIONAL USE PERMIT NO. 2023-072 AND ORDINANCE NO. 940 TO APPROVE A PROPOSED DEVLEOPMENT AGREEMENT AUTORIZING A  2of9    CANNABIS RETAIL USE ("MR. NICE GUY")AT 6231 EASTERN AVENUE (FILE Approval of Conditional Use Permit No. 2023-072 and recommendation of approval of Ordinance No. 940 to approve the proposed Development Agreement No. 2023-  NO. 2023-072)  072 for a retail cannabis storefront. Recommendation:  Itis staff's recommendation that the Planning Commission:  1. Determine that Conditional Use Permit (CUP) No. 2023-072 and the ordinance (Exhibit 1) for a Development Agreement (DA) No. 2023-72 (Exhibit 2) are categorically exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15061 (b)(3) (Common Sense Exemption) and Section 15303 (New Construction or Conversion of Small 2. Adopt Resolution #PC 2024-01 (Exhibit 3) approving CUP No. 2023-072, authorizing the demolition of an existing 960 square-foot (SF) structure, the construction of a new 2,500 SF commercial building, and the development of the storefront cannabis retail use known as "Mr. Nice Guy", subject to conditions of approval inclusive of the execution of the DA ordinance by and between Mr. Nice 3. Adopt Resolution #PC 2024-02 (Exhibit 4) recommending that the City Council adopt Ordinance No. 940 authorizing the City of Bell Gardens (City) to enter into and execute a development agreement (DA) to permit a cannabis use for a five (5)-year term, with the option to extend the DA for an additional five (5) years for a total ten (10)-year term in exchange for annual public benefits of One Hundred Thousand Dollars ($100,000) and quarterly public benefits equal to ten  Structures); and  Guy Bell Gardens, LLC, and the City of Bell Gardens; and  percent (10%) of gross receipt sales.  Chairperson Miguel De La Rosa opened the public hearing item at 5:24 p.m. Adrian Flores, Associate Planner, gave a brief presentation on the item.  Christopher Glew, applicant for the project, gave a brief description of the business and  operation. PUBLIC COMMENT  Ty Riley, Regional Manager spoke about the community outreach event that took place  which was successful in support of Item No. 1. Breanna Cabral spoke in support to Item No. 1.  3of9    Jim Fitzpatrick, architect for the project spoke regarding the security, photometric and  landscaping for the proposed project.  Patrick Martin, Director of the project, spoke in support of Item No. 1.  Conrad Gunderson spoke in support of Item No. 1.  Chase Crichton, Representative of UFCW Union 324, spoke in support of Item No. 1.  Raven Meza spoke in support of Item No. 1. Jennifer Flores spoke in support of Item No. 1. Raymond Priest spoke in support of Item No. 1. Cassi Jimeno spoke in support of Item No. 1. Nayana Handa spoke in support of Item No. 1. Mabel Emadian spoke in support of Item No. 1. Ivan Gonzales spoke in support of Item No. 1. Fernanda Lepezma spoke in support of Item No. 1. Gina Joy Bradley spoke in support of Item No. 1. Anthony Olmedo spoke in support of Item No. 1. Jeny Reyes spoke in support of Item No. 1.  Edgar Morales, adjacent neighbor of the subject site spoke in support of Item No. 1 and indicated that all his conçerns he had pertaining to the proposed project were addressed.  Martha Carrasco spoke in opposition of Item No. 1. Rosario Luna spoke in opposition of Item No. 1. Carrie Camacho spoke in support of Item No. 1. Silvestre Noyola spoke in opposition of Item No. 1. Martha Cabral spoke in opposition of Item No. 1.  Erika Gutierrez, Planning Secretary advised the Commission that one email comment  4of9    was received and numerous email comments prior to the March 20, 2024, Planning Commission meeting that was cancelled due to a lack of quorum. All email comments  were in favor of Item No. 1.  Chairperson Miguel De La Rosa closed the public hearing item at 6:46 p.m.  Commissioner Oscar Boado made a motion, seconded by Commissioner Gustavo Mendez, to approve staff's recommendations which include item numbers 1-3 as stated  in the staff report.  The motion carried 4-0-1 with the following vote:  AYES: NOES: ABSENT: Leon ABSTAIN: None  Boado, Mendez, Ramirez, De La Rosa  None  Steven Jones, City Planner stated the last day to appeal this item is May 2, 2024, by 5:00 2. CONDITIONAL USE PERMIT NO 2023-067 AND ORDINANCE NO. 941 TO APPROVE A PROPOSED DEVELOPMENT AGREEMENT AUTHORIZINGA CANNABIS RETAIL USE "OFF THE CHARTS (OTC)" AT 5605 GAGE AVENUE Approval of Conditional Use Permit No. 2023-067 and recommendation of approval of Ordinance No. 941 to approve the proposed Development Agreement No. 2023-067  p.m.  (FILE NO. 2023-067)  for a retail cannabis storefront. Recommendation:  1. Determine that Conditional Use Permit (CUP) No. 2023-067 and Ordinance No. 941 (Exhibit 1) for a Development Agreement (DA) No. 2023-67 (Exhibit 2) are categorically exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15061 (b)(3) (Common Sense Exemption) and Section 15303 (New Construction or Conversion of Small 2. Adopt Resolution #PC 2024-04 (Exhibit 3) approving CUP No. 2023-067, authorizing the development of the "Off The Charts" storefront cannabis retail use, subject to conditions of approval inclusive of the execution of the DA by and between OTC Bell Gardens, LLC, Kim Dae Hoe and Hye Young, and the City of 3. Adopt Resolution #PC 2024-05 (Exhibit 4) recommending that the City Council adopt Ordinance No. 941 authorizing the City of Bell Gardens (City) to  Structures); and  Bell Gardens; and  5of9    enter into and execute a development agreement (DA) to permit a cannabis use for a five (5)-year term, with the option to extend the DA for an additional five (5) years for a total ten (10)-year term in exchange for annual public benefits of One Hundred Thousand Dollars ($100,000) and quarterly public benefits equal to ten  percent (10%) of gross receipt sales.  Chairperson Miguel De La Rosa opened the public hearing item at 6:48 p.m. Adrian Flores, Associate Planner gave a brief presentation on the item.  Sean Maddocks, on behalf of Off The Charts, gave a briefd description oft the business and  operation. PUBLIC COMMENT  Jaslin Marquez spoke in support of Item No. 2. Melina Robles spoke in support of Item No. 2. Matthew Jones spoke in support of Item No. 2. Paul Jackson spoke in support of Item No. 2. Monse Luna spoke in support of Item No. 2.  Chairperson Miguel De La Rosa closed the public hearing item at 7:46 p.m.  Commissioner Gustavo Mendez made a motion, seconded by Commissioner Ernesto Ramirez to approve staffs recommendation which include item numbers 1-3 as stated in  the staff report.  The motion carried 4-0-1 with the following vote:  AYES: NOES: ABSENT: Leon ABSTAIN: None  Boado, Mendez, Ramirez, De La Rosa  None  Steven Jones, City Planner stated the last day to appeal this item is May 2, 2024, by 5:00 3. GENERAL PLAN AMENDMENT NO. 2022-060 CREATING AN ENVIRONMENTAL JUSTICE ELEMENT AND APPROVAL OF AN INITIAL STUDY/NEGATIVE Recommendation to the City Council to approve General Plan Amendment No. 2022- 060 for the adoption oft the City's new Environmental Justice Element.  p.m.  DECLARATION  6of9    Recommendation:  It is staff's recommendation that the Planning Commission:  1. Find the Initial/Study Negative Declaration (IS/ND) (Exhibit 1), was prepared in accordance with, and pursuant to, the California Quality Act (CEQA), concluding 2. Adopt Resolution #PC 2024-09 (Exhibit 2) recommending to the City Council approval of General Plan Amendment No. 2022-060, Proposed Bell Gardens  no significant impacts would occur; and  General Plan Environmental Justice (EJ) Element (Exhibit 3). Chairperson Miguel De La Rosa opened the public hearing item at 7:49 p.m. Steven Jones, City Planner gave a brief presentation on the item.  PUBLIC COMMENT No public comments were made.  Chairperson Miguel De La Rosa closed the public hearing item at 8:09 p.m.  Commissioner Oscar Boado made a motion, seconded by Chairperson Miguel De La Rosa to approve staff's recommendation which include item numbers 1-2 as stated in the  staff report.  The motion carried 4-0-1 with the following vote:  AYES: NOES: ABSENT: Leon ABSTAIN: None  Boado, Mendez, Ramirez, De La Rosa  None  4. CONDITIONAL USE PERMIT NO. 2023-083 TO MODIFY CONDITIONAL USE PERMITNO. 2014-004 HOURS OF SALES FOR A TYPE 20, OFF-SALE BEER AND WINE, ABC LICENSE FORA 7-ELEVEN CONVENIENCE STORE (FILE NO. 2023- Approval of Conditional Use Permit No. 2023-083, which modifies Conditional Use Permit No. 2014-004, to allow the extension of hours of operation for a Type 20 (off- sale beer and wine). Alcohol Beverage Control license from 9:00 a.m. - 12:00 midnight  083)  to 6:00 a.m. - 1:00 a.m. Recommendation:  Itis staff's recommendation that the Planning Commission:  7of9    1. Find Conditional Use Permit (CUP) No. 2023-083 exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301, 2. Adopt Planning Commission Resolution #PC 2024-11 (Exhibit 1) to approve Conditional Use Permit (CUP) No. 2023-083, to authorize extended hours of operation for a Type 20 (off-sale beer and wine) license for 7-Eleven convenience  Class 1: Existing Facilities; and  store located at 6012 Florence Avenue, Suite A ("Subject Site"). Chairperson Miguel De La Rosa opened the public hearing item at 8:10 p.m. Steven Jones, City Planner gave a brief presentation on the item.  Bruce Evans, applicant of the project, answered a few questions the Commissioners had. Commissioner Ernesto Ramirez recommended modifying the operation hours from 6:00 a.m. - 2:00 a.m. instead of 6:00 a.m. -1:00 a.m. as stated on the staff report. Discussion  was held among staff and the Commission.  PUBLIC COMMENT  No public comments were made.  Chairperson Miguel De La Rosa closed the public hearing item at 8:36 p.m.  Commissioner Ernesto Ramirez made a motion to approve staffs recommendation to include item numbers 1-2 with the modification of closing hours from 1:00 a.m. to 2:00  a.m. to item No. 2, seconded by Commissioner Oscar Boado. The motion carried 3-1-1 with the following vote:  AYES: NOES: ABSENT: Leon ABSTAIN: None  Boado, Ramirez, De La Rosa  Mendez  Steven Jones, City Planner stated the last day to appeal this item is May 2, 2024, by 5:00  p.m.  PUBLIC COMMENT ON AGENDA ITEMS No public comments were made.  PUBLIC COMMENT ON NON-AGENDA ITEMS  8of9    No public comments were made. STAFF COMMENTS  Mr. Jones provided a brief report on various city-related topics. Mr. Romo provided a brief report on various city-related topics.  COMMISSIONER COMMENTS  Commissioner Edgar Morales had a few general questions for staff regarding the Development Agreements tied to the Cannabis items that were discussed. Commissioner Gustavo Mendez spoke about the Community Emergency Response Commissioner Oscar Boado thanked staff and audience members for attending this Chairperson Miguel De La Rosa thanked staff for the detailed reports presented and the  Team (CERT) Training that was highly informative.  meeting.  City Attorney's Office for assisting in the navigation oft this meeting.  ADJOURNMENT  Chairperson Miguel De La Rosa adjourned the meeting at 8:56 p.m.  Bik hHiemez Erika Gutierrez, Planning Secretary Agenda posted on April 11, 2024  9of9