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Section. 27.5. Extension of Time for Termination of Nonconforminq Use. <br />The owner or operator of a nonconforming use as described in Section 27.4 may <br />apply to the City Council for one extension of time, not to exceed six (6) months, <br />within which to terminate the nonconforming use. <br /> <br />(a) Time and manner of application, An application for an extension of time <br /> within which to terminate a use made nonconforming by the provisions of <br /> Section 27.3, shall be filed by the owner of the real property upon which <br /> such use is operated, or by the operator of the use, with the Zoning <br /> Administrator at least sixty (60) days, but not more than one hundred twenty <br /> (120) days, prior to the time established in Section 27.4 for termination of <br /> such use. <br /> <br />(b) Content of application; fees. The application shall state the grounds for <br /> requesting an extension of time. The filing fee for such application shall be <br /> set forth in the schedule of fees current at the time of application, <br /> established by resolution of the City Council. <br /> <br />(c) Hearing procedure. The matter shall be set for hearing before the City <br /> Council within 30 days of receipt of the application. A~I parties involved shall <br /> have the right to offer testimonial, documentary and other tangible evidence <br /> at the hearing on the issues; may be represented by counsel; and shall <br /> have the right to confront and cross-examine witnesses. Any relevant <br /> evidence may be admitted that is the sort of evidence upon which <br /> reasonable persons are accustomed to rely in [he conduct of business <br /> affairs. Any hearing under this section may be continued for a reasonable <br /> time for the convenience of a paily or witness. The decision of the City <br /> Council shall be final and subject to judicial review pursuant to Code of Civil <br /> Procedure Section 1094.5. Time limitations for such review shall be <br /> governed by Code of Civil Procedure Section 1094.6. <br /> <br />(d) Approval of extension; findings. An extension under the provisions of <br /> this section shall be for a reasonable period of time, not to exceed six (6) <br /> months, commensurate with the investment involved, and shall be approved <br /> if the City Council makes all of the following findings or such other findings <br /> required by law: <br /> <br /> (1) The applicant has made a substantial investment (including but not <br /> limited to lease obligations) in the property or structure on or in which <br /> the nonconforming use is conducted; such property or structure <br /> cannot readily be converted to another use; and such investment was <br /> made prior to the effective date of the ordinance adding this Section <br /> to Article 27; <br />Reso-682 3 <br />G:~shared~redwood~council <br />DES:djk <br />06/02/99 <br /> <br /> 13647 <br /> <br /> <br />