File #: 2022-854    Version: 1 Name:
Type: Special Order Status: Agenda Ready
File created: 10/5/2022 In control: City Council
On agenda: 10/18/2022 Final action:
Title: PUBLIC HEARING TO CONSIDER APPEAL OF PLANNING COMMISSION RESOLUTION NO. 22-2836 CONDITIONALLY APPROVING, IN PART, AND DISAPPROVING, IN PART, AN APPLICATION FOR TWO EXISTING MURALS AT 21126 S. AVALON BLVD. (CITY COUNCIL)
Attachments: 1. Exhibit-1_PC_SR_FAB_Mural_(9.6.22) (brj), 2. Exhibit-2_PC_RESO_FAB_Mural_(signed), 3. Exhibit-3_Appeal Application from Council Member Jim Dear 09-19-22, 4. Exhibit-4_Draft CC Resolution Upholding_FAB_Murals Appeal (brj), 5. Exhibit-5_Draft CC Resolution Modifying_FAB_Murals Appeal (brj)
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Report to Mayor and City Council
Tuesday, October 18, 2022
Special Orders of the Day

SUBJECT:
Title
PUBLIC HEARING TO CONSIDER APPEAL OF PLANNING COMMISSION RESOLUTION NO. 22-2836 CONDITIONALLY APPROVING, IN PART, AND DISAPPROVING, IN PART, AN APPLICATION FOR TWO EXISTING MURALS AT 21126 S. AVALON BLVD. (CITY COUNCIL)
Body
I. SUMMARY

Following a duly noticed public hearing, on September 13, 2022, the Planning Commission by a 9-0 vote adopted Resolution No. 22-2836 conditionally approving, in part, and disapproving, in part, an application of Trophy VPC, LLC for approval of two existing murals located at 21126 S. Avalon Boulevard.
As set forth in its Resolution No. 22-2836, the Planning Commission voted to conditionally approve the application as to Mural No. 1 (described/depicted below), with the condition that the Fab Cars logo be removed (among other conditions), and to disapprove the application as to Mural No. 2 (described/depicted below), which the Planning Commission found constitutes graffiti, which is a public nuisance that is subject to abatement and removal as set forth in Chapter 4 of Article V of the CMC (Exhibit No. 2; the "Planning Commission Decision").
On September 19, 2022, Councilmember Jim Dear filed a complete application for appeal of the Planning Commission Decision to the City Council (Exhibit No. 3). Carson Municipal Code (CMC) Section 9173.4, "Appeals," states appeal applications by a member of City Council need not provide a statement of grounds for the appeal. CMC 9173.4(C)(1) provides that upon acceptance of the filing of an appeal, the City Clerk shall set the matter for public hearing before the appellate body, in the same manner as required for a Commission hearing of such matter. A public hearing has been duly noticed for the Council's consideration of this appeal.
CMC 9173.4 further provides that the City Council shall, within sixty (60) days of the filing of the appeal, act to either affirm, reverse, modify, continue or refer...

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