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75A - PH CANNABIS MUNI CODE AMEND
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08/20/2019
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75A - PH CANNABIS MUNI CODE AMEND
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8/15/2019 5:51:41 PM
Creation date
8/15/2019 5:33:39 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Planning & Building
Item #
75A
Date
8/20/2019
Destruction Year
2024
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a. Applications for the renewal of a permit shall be filed with the Director of <br />Planning and Building or designee(s) at least sixty (60) calendar days before <br />the expiration of the current permit. Temporary permits will not be issued. Any <br />permittee allowing their permit to lapse or which permit expired during a <br />suspension shall be required to submit a new application, pay the <br />corresponding original application fees and be subject to all aspects of the <br />selection process. <br />b. Any person desiring to obtain a renewal of their respective permit shall file a <br />written application under penalty of perjury on the required form with the <br />Director of Planning and Building or trier or her designee(s) who will conduct a <br />review. The application shall be accompanied by a nonrefundable filing fee <br />established by the City Council to defray the cost of the review required by this <br />article. An applicant shall be required to update the information contained in <br />their original permit application and provide any new and/or additional <br />information as may be reasonably required by the Director of Planning and <br />Building or designee(s) in order to determine whether said permit should be <br />renewed based on compliance with all applicable provisions of the Santa Ana <br />Municipal Code. <br />5. Appeal of Denial of Regulatory Safety Permit/Denial of RSP Renewal. The City <br />Manager or his or her designee(s) will review all Regulatory Safety Permit <br />applications and renewal requests, along with all other relevant information, and <br />determine if a RSP should be granted and/or renewed based on compliance with all <br />applicable provisions of the Santa Ana Municipal Code. If the City Manager <br />determines that the permit shall not be granted and/or renewed, the reasons for <br />denial shall be provided in writing to the applicant. No such denial shall become <br />effective until the applicant for the regulatory safety permit and/or renewal has been <br />notified in writing by certified mail of the right to appeal the denial decision pursuant <br />to the provisions of Chapter 3 of this Code. If a timely appeal is filed, the denial shall <br />be effective only upon decision of a hearing officer as provided for in Chapter 3 of <br />the Santa Ana Municipal Code. Otherwise, the denial shall become effective after <br />the timely appeal period has passed. The matter may be subject to judicial review <br />under the provisions of California Code of Civil Procedure Sections 1094.5 and <br />1094.6. <br />Sec. 40-9.1. - Non -retail commercial cannabis business (cultivation, <br />manufacturing, distribution, and testing facility/laboratory) selection process. <br />1. Non -Retail Commercial Cannabis Businesses — Registration Application (Phase <br />1) and Regulatory Safety Permit (Phase 2) Required. <br />a. Every Non -Retail Commercial Cannabis Business shall apply for the Phase 1 <br />(Registration Application) and Phase 2 (Regulatory Safety Permit Application) in <br />the manner described in Section 40-9, except that the Director of Planning and <br />Building or his or her designee may accept Phase 1 and Phase 2 applications <br />for a Non -Retail Commercial Cannabis Business concurrently, and shall review <br />such applications and issue the Regulatory Safety Permit Application without <br />26 <br />75A-68 <br />
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