A. Permit application. An applicant shall submit an application to the director, in a form provided by the city, and the application shall contain the following information:
1. The address of the property where marijuana cultivation is to occur.
2. The name of the applicant and a statement as to whether the applicant is an owner or tenant of the property where marijuana cultivation is to occur.
3. If the applicant is not the owner of the property, property owner acknowledgment, in a form provided by the city, that the property owner consents to the cultivation of marijuana at the marijuana cultivation site.
4. Any other information the director deems necessary to efficiently administer applications and permits so as to further the purposes of this chapter.
B. Action on applications.
1. Upon receipt of an application and payment of any application and permit fees, the director shall review the information contained in the application to determine if the application has been properly completed. If the director determines that the applicant has improperly completed the application, the director shall notify applicant.
2. Upon receipt of a completed application, the director shall review the application, approve or deny the application in accordance with the provisions of this chapter, and so notify the applicant. Notice of a successful application shall include a written copy of regulations applicable to personal marijuana cultivation, including but not limited to those contained in Section 9.50.030 B.
C. Permit not transferable. A permit issued pursuant to this chapter is nontransferable and is specific to both the permit holder and the private residence or fully enclosed accessory structure for which it was issued.
D. Appeals. Any decision regarding an application for an indoor personal marijuana cultivation permit may be appealed to the city manager, or his or her designee, by an applicant, a permit holder or interested party as follows:
1. Appellant must file a written appeal with the Signal Hill city clerk within ten calendar days of the decision. The written appeal shall specify the person making the appeal, identify the decision appealed from, state the reasons for the appeal, and include any evidence in support of the appeal.
2. Notice of the time and place of an appeal hearing shall be provided to the appellant within thirty days of receipt by the Signal Hill city clerk of the written appeal.
3. The appeal hearing shall be held within sixty days of the filing with the Signal Hill city clerk of the written appeal, unless the sixty-day time limit is waived by the appellant, or unless the city manager continues the appeal hearing date for good cause and upon written notification to the appellant.
4. The city manager shall review the facts of the matter, written documents submitted for review, the basis for making the decision which is under appeal, and then determine whether the director's decision should be reversed or affirmed. The determination made shall be in writing, shall set forth the reasons for the determination, and shall be final.
E. The provisions of Sections 1094.5 and 1094.6 of the Code of Civil Procedure set forth the procedure for judicial review of any final determination.
F. Fees. An application fee set by resolution of the city council may be required for formal processing of every application and appeal made under this chapter. The city council is authorized to pass resolutions to recover any and all fees and costs incurred by the administration and implementation of this chapter through an appropriate fee recovery mechanism to be imposed upon indoor marijuana cultivators and their operations.
(Ord. 2017-11-1498 § 3 (part))