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Sec. 41-1755. Same--Decision to grant or deny. <br />(a) Action on application. The zoning administrator or designee shall <br />act as the decision-maker on the application and shall grant or deny an <br />application for a massage establishment conditional use permit. <br />(b) Investigation. Upon the filing of a completed application, the <br />decision-maker shall cause to be made an appropriate investigation, including <br />consultation with other city agencies and inspection of the premises as needed. <br />Consultation is not grounds for the city to unilaterally delay in reviewing a <br />completed application. <br />(c) Notice and hearing. <br />(1) Notice of hearing on a massage establishment conditional <br />use permit shall be mailed and noticed as prescribed in <br />Article 5 of this chapter. <br />(2) The decision-maker shall conduct the public hearing as <br />prescribed in section 3-4 of this Code. In reaching a <br />decision on an application, the decision-maker shall not be <br />bound by the formal rules of evidence. <br />(d) Time for hearing. After the investigation has been completed the <br />decision-maker shall conduct a noticed public hearing, as prescribed by this <br />section, on the application for a massage establishment conditional use permit. <br />(e) Action on application. The decision-maker shall render a decision <br />on the application for a massage establishment conditional use permit or an <br />ancillary massage use land use certificate within thirty (30) days of receiving a <br />complete application. The decision shall be made no later than the same day as <br />the final hearing on the application, and if not in writing, a written decision shall <br />be prepared within three (3) business days of the decision. The failure of the <br />decision-maker to render such a decision within this time frame shall be deemed <br />to constitute a denial. <br />(f) Final decision. The decision-maker's written decision shall be hand <br />delivered or mailed to the applicant, and shall be final. <br />(g) Court proceedings. All challenges to the decision-maker's action <br />shall be governed by the provisions of Code of Civil Procedure § 1094.5, except <br />that the city shall prepare and certify the administrative record of proceedings, <br />should it be requested by the petitioner, within thirty (30) days of the request. <br />Ordinance No. NS-XXX <br />Page 28 of 36 <br />11 A-28 <br />