75C - MASSAGE ESTABLISHMENTS - Laserfiche WebLink

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(f) Final decision. The decision-maker's written decision shall be hand delivered or mailed to the applicant, and shall be final. (g) Court proceedings. All challenges to the decision-maker's action shall be governed by the provisions of Code of Civil Procedure § 1094.5, except that the city shall prepare and certify the administrative record of proceedings, should it be requested by the petitioner, within thirty (30) days of the request. Sec. 41-1756. Same--Approval criteria. (a) Findings. The decision-maker shall approve an application for a massage establishment conditional use permit or an ancillary massage use land use certificate subject to its compliance with this article, where the information submitted by the applicant substantiates the following findings: (1) No more than one (1) massage establishment conditional use permit or ancillary massage use land use certificate maybe issued to one primary address. (2) The proposed use complies with the applicable development and design requirements of the underlying zoning district in which it is to be located and with the applicable standards of this article. (3) The proposed use will provide and maintain wastewater to establish and maintain an unrestricted flow in sanitary sewers during average and peak conditions as established by the city's approved sewer master plan, as amended from time to time. (4) The proposed use will provide and maintain solid waste services to establish and maintain a level of service consistent with the city's approved source reduction and recycling element. (5) The proposed use is located in a zoning district in which a massage establishment is permitted pursuant to subsection 41-1752(a). (6) The massage establishment meets the distance criteria of subsection 41-1752(b), which shall be measured as of the date of the completed application. (7) The proposed use does not involve an applicant, if an individual, or any of the officers or general partners of an applicant, if a corporation or partnership, that have been found guilty or pleaded polo contendere within the past four (4) years to a misdemeanor or a felony classified by the state as a sex orsex-related offense. (8) The applicant has not submitted false or misleading information on the application. (9) The applicant has not had an application for a massage establishment conditional use permit or land use certificate denied or revoked in the twelve (12) months preceding the date of the current application. 6 75C-16