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<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 /> <br />(g) Court proceedings. All challenges to the decision-maker's action shall be <br />governed by the provisions of Code of Civil Procedure 9 1094.5, except <br />that the city shall prepare and certify the administrative record of <br />proceedings, should it be requested by the petitioner, within thirty (30) <br />days of the request. <br /> <br />Sec. 41-1756. Same--Approval criteria. <br /> <br />(a) Findings. The decision-maker shall approve an application for a massage <br />establishment conditional use permit or an ancillary massage use land use <br />certificate subject to its compliance with this article, where the information <br />submitted by the applicant substantiates the following findings: <br /> <br />(1) No more than one (1) massage establishment conditional use <br />permit or ancillary massage use land use certificate may be issued <br />to one primary address. <br /> <br />(2) The proposed use complies with the applicable development and <br />design requirements of the underlying zoning district in which it is to <br />be located and with the applicable standards of this article. <br /> <br />(3) The proposed use will provide and maintain wastewater to establish <br />and maintain an unrestricted flow in sanitary sewers during average <br />and peak conditions as established by the city's approved sewer <br />master plan, as amended from time to time. <br /> <br />(4) The proposed use will provide and maintain solid waste services to <br />establish and maintain a level of service consistent with the city's <br />approved source reduction and recycling element. <br /> <br />(5) The proposed use is located in a zoning district in which a massage <br />establishment is permitted pursuant to subsection 41-1752(a). <br /> <br />(6) The massage establishment meets the distance criteria of <br />subsection 41-1752(b), which shall be measured as of the date of <br />the completed application. <br /> <br />(7) The proposed use does not involve an applicant, if an individual, or <br />any of the officers or general partners of an applicant, if a <br />corporation or partnership, that have been found guilty or pleaded <br />nolo contendere within the past four (4) years to a misdemeanor or <br />a felony classified by the state as a sex or sex-related offense. <br /> <br />Ordinance No. NS-2779 <br />Page 26 of 32 <br />