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Ordinance No. NS-XXX <br />Page 34 of 73 <br /> <br /> <br />5. Appeal of Denial of Regulatory Safety Permit/Denial of RSP Renewal. The Executive <br />Director of the Planning and Building Agency City Manager or his or her designee(s) <br />will review all Regulatory Safety Permit applications and renewal requests, along with <br />all other relevant information, and determine if a RSP should be granted and/or <br />renewed based on compliance with all applicable provisions of the Santa Ana <br />Municipal Code. If the Executive Director of the Planning and Building Agency City <br />Manager determines that the permit shall not be granted and/or renewed, the reasons <br />for 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 the <br />Santa Ana Municipal Code. Otherwise, the denial shall become effective after the <br />timely appeal period has passed. The matter may be subject to judicial review under <br />the provisions of California Code of Civil Procedure Sections 1094.5 and 1094.6. <br />Sec. 40-9.1. Non-retail commercial cannabis business (cultivation, manufacturing, <br />distribution, and testing facility/laboratory) selection process. <br />1. Non-Retail Commercial Cannabis Businesses — Registration Application (Phase 1) <br />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 the Planning and <br />Building Agency or his or her designee may accept Phase 1 and Phase 2 <br />applications for a Non-Retail Commercial Cannabis Business concurrently, and <br />shall review such applications and issue the Regulatory Safety Permit Application <br />without consideration of the merit based point system, insofar as the applications <br />satisfy all other requirements of this article and Chapter 18. <br />b. Applications for a Non-Retail Commercial Cannabis Business shall be accepted <br />during normal City Hall business hours and are not subject to the thirty (30) day <br />Phase 1 or Phase 2 application periods. <br />Sec. 40-9.2. Commercial cannabis consumption lounge selection process. <br />(a) After the adoption of this Ordinance, the Executive Director of the Planning and <br />Building Agency shall prepare application forms and a related administrative policy. <br />Each commercial cannabis retail business interested in operating a consumption <br />lounge pursuant to this article may submit an RSP application together with a non- <br />refundable processing fee in an amount established by the City Council. <br />(b) The Director or his or her designee shall determine whether each RSP application <br />demonstrates compliance with this article as prescribed by Section 40-9 of this <br />Chapter. Each RSP application that is in compliance with this article shall be placed <br />Exhibit 1