Belli

Petitioners herein seek to' review the action of the respondent board in hearing and determining an appeal in a rezoning proceeding.

Petitioners had protested before the city planning commission against the granting of an application to change a piece of property belonging to Mrs. Jennie Jones from the second residential district to the commercial district. The commission took the application under advisement and thereafter failed to act thereon. The charter of the city and county of San Francisco in effect at that time provided that, “The failure of the commission to act within ninety days . . . shall be deemed and be approval of such classification by the commission.” (Art. XVIII, sec. 4, San Francisco City Charter, Stats. 1929, p. 2020.) After the expiration of ninety days an appeal was taken to the respondent board by some of those who had protested against the granting of the application by the commission. Petitioners herein filed their written objections to the hearing of the appeal by the respondent board upon the ground that the approval of the application by the commission resulting under the terms of the charter from the failure of the commission to act was void, as the…