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4. Regulatory Safety Permit Annual Renewal <br />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 the <br />expiration of the current permit. Temporary permits will not be issued. Any permittee <br />allowing their permit to lapse or which permit expired during a suspension shall be <br />required to submit a new application, pay the corresponding original application fees <br />and be subject to all aspects of the selection process. <br />b. Any person desiring to obtain a renewal of their respective permit shall file <br />a written application under penalty of perjury on the required form with the Director of <br />Planning and Building or designee(s) who will conduct a review. The application shall be <br />accompanied by a nonrefundable filing fee established by the City Council to defray the <br />cost of the review required by this article. An applicant shall be required to update the <br />information contained in their original permit application and provide any new and/or <br />additional 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 renewed. <br />5. Appeal of Denial of Regulatory Safety Permit / Denial of RSP Renewal <br />The City Manager or his or her designee(s) will review all Regulatory Safety <br />Permit applications and renewal requests, along with all other relevant information, and <br />determine if a RSP should be granted and/or renewed. If the City Manager determines <br />that the permit shall not be granted and/or renewed, the reasons for denial shall be <br />provided in writing to the applicant. No such denial shall become effective until the <br />applicant for the regulatory safety permit and/or renewal has been notified in writing by <br />certified mail of the right to appeal the denial decision pursuant to the provisions of <br />Chapter 3 of this Code. If a timely appeal is filed, the denial shall be effective only upon <br />decision of the City Council. 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 />Section 40-9.1. Commercial Cannabis Testing Facility/Laboratory Selection <br />Process. <br />1. Commercial Cannabis Testing Facilities/Laboratories — Registration <br />Application (Phase 1) and Regulatory Safety Permit (Phase 2) Required <br />a. Every Commercial Cannabis Testing Facility/Laboratory shall apply for the <br />Phase 1 (Registration Application) and Phase 2 (Regulatory Safety Permit Application) <br />in the manner described in Section 40-9, except that the Director of Planning and <br />Building may accept Phase 1 and Phase 2 applications for a Commercial Cannabis <br />Testing Facility/Laboratory concurrently, and shall review such applications and issue <br />the Regulatory Safety Permit Application without consideration of the merit based point <br />Ordinance No. NS -XXX <br />Page 22 of 33 <br />11 B-24 <br />