Castner

Richard A. Castner, plaintiff, appeals the superior court’s denial of his request for a peremptory writ of mandate to compel the City of Oakland to grant him a conditional use permit for the operation of an “adult” bookstore.

Castner operates an adult bookstore with motion picture machines in the City of Oakland. The city passed an ordinance banning adult entertainment activity within 1,000 feet of a residential zone. Castner’s bookstore is located less than 600 feet from a residential zone. As a nonconforming activity, Castner’s bookstore needed to obtain a major conditional use permit to continue operation beyond the ordinance’s one-year grace period. At the end of the grace period the Oakland Planning Commission denied Castner’s application for a conditional use permit. This decision was affirmed by the Oakland City Council. Castner then filed a writ of mandate challenging the validity of the ordinance. The superior court denied his request for a peremptory writ.

The Oakland ordinance defines “adult entertainment activity” as: “Any commercial activity, whether conducted intermittently or full time, which primarily involves the sale, display, exhibition, or viewing of…