7.39.200 APPEALS AND HEARING PROCEDURES.

(a) Any person affected by any decision, action or determination, including administrative remedies, made in interpreting or implementing the provisions of this chapter may appeal therefore to the City of San Mateo Sustainability and Infrastructure Commission.

(b) The appeal must be filed with the Public Works Department, in writing, including any required fees, within 10 days after such action. The appeal shall designate with particularity the decision, action or determination appealed from and the remedy or relief sought by way of the appeal. If an appeal is not filed within such period, applicant shall be barred for a period of six (6) months from date of the original application from making further application with reference to the same matter. The appeal shall be filed within such period with the Commission secretary, who shall set the hearing thereon for the next regular meeting of the Commission, provided such next regular meeting is to be held not less than 10 days from the date of filing such appeal. If such meeting is to be held within less than 10 days thereafter, such hearing shall be set for the regular meeting next subsequent thereto.

(c) At the hearing, the Commission shall receive all evidence offered by applicant and the City, and may hear other evidence with reference thereto, and may continue such hearing from time to time.

(d) At the conclusion of such hearing, the Commission shall make its findings thereon. If it finds that the initial decision, action or determination that is appealed from is consistent with the provisions and policies of this chapter and is not otherwise injurious to the public health, safety or welfare, then the appeal shall be denied. If it finds that the initial decision, action or determination is either inconsistent with the provisions and policies of this chapter or is otherwise injurious to the public health, safety or welfare, then the Commission may sustain the appeal and in its decision grant any remedy or relief sought by the appellant, or such other relief as it deems appropriate, that is consistent with the provisions and policies of this chapter. The decision of the Commission may be appealed to the City Council by any interested person by filing an application with the City Clerk's office, including any required fees, within 10 calendar days of the decision. The decision of the Council shall be final and conclusive.