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Resolution No. 2502F RESOLUTION NO 2502 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS REVOKING CONDITIONAL USE PERMIT NO 78-11 The City Council of the City of Cypress HEREBY DOES FIND, DETERMINE, ORDER AND RESOLVE that: SECTION 1 On or about June 1, 1978, the Planning Commis- sion of the City of Cypress approved Conditional Use Permit No. 78-11 permitting the sale of hay as an accessory use to the residential use of land located at 4252 Crescent Avenue within the City of Cypress Said approval was appealed to the City Council of the City of Cypress which affirmed the decision of the Planning Commission. Said Conditional Use Permit included the following conditions. 1 The hours of operation for this accessory busi- ness shall be conducted so as not to constitute a nuisance to adjacent residences and properties 2. Deliveries of hay to the premises shall not be permitted on Sundays 6 The Planning Commission shall maintain ongoing jurisdiction over this Conditional Use Permit Should the Planning Commission determine that the sale has become the principal land use, this Use Permit shall be revoked by the Planning Commission SECTION 2 On March 8, 1982, the City Council held a pub- lic hearing to review Conditional Use Permit No 78-11 and to hear and to consider evidence concerning the operation of the business being conducted at the aforesaid premises Said pub- lic hearing was continued from March 8 to March 22 and again from March 22 to April 12 On the basis of the evidence pre- sented during said public hearing, the City Council specific- ally finds that: (a) The hay sale business being conducted on the premises has changed from a simple operation supplying hay for animals in the vicinity of the premises to the commer- cial transportation of hay between areas such as Chino and Bakersfield The change in the nature of the business has been accompanied by a substantial increase and truck traf- fic to and from the premises and truck parking on the premises Such traffic has occurred in such volumes and at such hours as to constitute a nuisance to the adjacent residences and properties; (b) Deliveries of hay to the premises have occurred on Sundays; (c) While testimony presented to the City Council in ,.r connection with its action of July 10, 1978 indicated that the applicants intended to "sell about one load of hay per week and hay is sold to residents along Acacia Drive as well as County residents", and while if conducted in accordance with such testimony said use would have been an accessory use, the commercial sale of hay on the premises has become the principal land use thereof, and (d) For the reasons set forth hereinabove, the terms and conditions applicable to Conditional Use Permit 78-11 have been violated 474 SECTION 3. Conditional Use Permit No 78-11 hereby is revoked as of the date which is six (6) months from and after the date of this Resolution PASSED AND ADOPTED by the City Council of the City of Cypress held on the 12th day of April 1982 MAYOR OF THE CITY OF CYPRESS ATTEST: CITY CLERK drHE CITY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS I, DARRELL ESSEX, City Clerk of the City of Cypress DO HEREBY CERTIFY that the foregoing Resolution was duly adopted at a regular meeting of the said City Council held on the 12th day of April 1982 by the following roll call vote AYES: 4 COUNCIL MEMBERS: Lacayo, Partin, Rowan, and Mullen NOES* 0 COUNCIL MEMBERS: None ABSENT. 1 COUNCIL MEMBERS Coronado CITY Air6a4 OF CYPRESS 2