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Ordinance No. NS-XXX <br />Page 33 of 68 <br /> <br /> <br />2. New non-retail commercial cannabis applicants wishing to co-locate additional <br />non-retail (cultivation, distribution, and/or manufacturing) uses may submit a <br />single RSP for the proposed activity or activities. The RSP application must <br />meet any applicable requirements of the RSP as outlined in Sections 40-8 and <br />40-9. A single RSP that lists any and all approved cannabis business <br />activity/activities may be renewed annually thereafter. <br />4. Regulatory Safety Permit Annual Renewal. <br />a. Applications for the renewal of a permit shall be filed with the Director of Planning <br />and Building or designee(s) at least sixty (60) calendar days before the expiration <br />of the current permit. Temporary permits will not be issued. Any permittee allowing <br />their permit to lapse or which permit expired during a suspension shall be required <br />to submit a new application, pay the corresponding original application fees and <br />be subject to all aspects of the selection process. <br />b. Any person desiring to obtain a renewal of their respective permit shall file a written <br />application under penalty of perjury on the required form with the Director of <br />Planning and Building or his or her designee(s) who will conduct a review. The <br />application shall be accompanied by a nonrefundable filing fee established by the <br />City Council to defray the cost of the review required by this article. An applicant <br />shall be required to update the information contained in their original permit <br />application and provide any new and/or additional information as may be <br />reasonably required by the Director of Planning and Building or designee(s) in <br />order to determine whether said permit should be renewed based on compliance <br />with all applicable provisions of the Santa Ana Municipal Code. <br />c. Compliance with Section 40-1(C) to provide for community benefits is required for <br />all commercial cannabis businesses seeking renewal of the RSP. <br />5. Appeal of Denial of Regulatory Safety Permit/Denial of RSP Renewal. The Executive <br />Director of the Planning and Building Agency or his or her designee(s) will review all <br />Regulatory Safety Permit applications and renewal requests, along with all other <br />relevant information, and determine if a RSP should be granted and/or renewed based <br />on compliance with all applicable provisions of the Santa Ana Municipal Code. If the <br />Executive Director of the Planning and Building Agency determines that the permit <br />shall not be granted and/or renewed, the reasons for denial shall be provided in writing <br />to the applicant. No such denial shall become effective until the applicant for the <br />regulatory safety permit and/or renewal has been notified in writing by certified mail of <br />the right to appeal the denial decision pursuant to the provisions of Chapter 3 of this <br />Code. If a timely appeal is filed, the denial shall be effective only upon decision of a <br />hearing officer as provided for in Chapter 3 of the Santa Ana Municipal Code. <br />Otherwise, the denial shall become effective after the timely appeal period has <br />passed. The matter may be subject to judicial review under the provisions of California <br />Code of Civil Procedure Sections 1094.5 and 1094.6.