Tulare County Municipal Code Art. 9 Appeal

To appeal a conditional approval or a denial of designation by the Public Works Director, the applicant shall provide written notice of appeal to the Public Works Director within 30 days of notification of the conditional approval or denial. Such written notice shall set out all reasons why the applicant believes such conditions or denial are inappropriate.

Upon receipt of a written notice of appeal, the Public Works Director shall reconsider the conditions or denial and notify the applicant of the results of his review in writing within 45 days. If the applicant is not satisfied by the Public Works Director’s decision after review, the applicant may appeal directly to the Board. If the applicant is satisfied, the procedures in Sections 3-13-1135 and 3-13-1140 as to correction of deficiencies, approval by other agencies, and posting of signs shall be followed.

(a) If the applicant wishes to appeal to the Board the Public Works Director’s decision on reconsideration rendered under Section 3-13-1255, the provisions in Section 165 shall control.

(b) If the Board orders approval or conditional approval of a requested route, then the procedures set out in Sections 3-13-1135 and 3-13-1140 as to correction of deficiencies, approval by other agencies and posting of signs shall be followed. The Board’s decision on the applicant’s appeal shall be final. Judicial review of such decision shall be in accordance with California Code of Civil Procedure Section 1094.5.

The denial of a route application shall be final as to that route unless there is a material change of circumstances between the date of denial and the date of filing a renewed application. A material change of circumstances may include construction and improvement of the proposed route for a different purpose or a decision by CALTRANS to withdraw a previous rejection of the route. The Public Works Director may reject a renewed application for a previously rejected route without investigation or report unless the applicant, when making the renewed application, provides written evidence of such a material change of circumstances. Denial by the Public Works Director of a renewed application shall be final for all appeal purposes.