(A) If, from the facts presented to the Commission at the public hearing, the Commission by a majority vote of the entire Commission finds that the lot area development standard for the proposed zone is the same as the lot area designated on the General Plan Map for the property subject to the proposed zone change and finds further that the proposed zone change, or any portion thereof, is in the interests of the public health, safety, necessity, convenience, general welfare and is in accordance with good zoning practice, the Commission shall recommend approval of such proposed change of zone to the Council. If the Commission cannot make such findings, it shall deny the proposed change of zone. The denial shall be final unless appealed to and overturned by the Council pursuant to state law and this code.
(B) The Commission shall make its findings and recommend approval or shall deny the proposed zone change in writing within 35 days from the date of the close of the hearing and shall forthwith transmit a copy thereof to the applicant. The Commission shall transmit to the Council the report of its findings and recommendation thereon, together with the records of its proceedings, including the application, minutes of the hearing and exhibits admitted at the hearing. If the Commission fails to make findings and a recommendation within the time specified in this section, it shall lose jurisdiction thereof and the applicant may appeal.
(C) Commission denials hereunder shall be legally equivalent to recommendations under Cal. Gov’t Code § 65855, and no further action thereon shall be taken by the Council unless the applicant complies with Cal. Gov’t Code § 65856 and § 17.104.130 of this code. The transmittal requirements of Cal. Gov’t Code § 56855 are met by division (B) of this section.
(`78 Code, § 17.104.100.) (Ord. 1890 § 1, 1988.)