Jones

This is an appeal from a judgment of the Superior Court of Stanislaus County denying appellants’ petition for a writ of mandate to compel respondents to vacate an order granting real party in interest a special use permit to operate a mobilehome park in an R-A (residential-agricultural) zone or use district as established by the City of Oakdale’s land use ordinance. Under this ordinance certain defined uses are permitted in all but a few zones or use districts on the procurement of a use permit from the planning commission. But, because of the peculiar characteristics of such permitted uses, before issuing the permit the planning commission, after conducting a public hearing, must determine that the use will not “be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City.”

A brief review of the facts is helpful.

In 1968 David Sondeno filed an application (his third) with the Planning Commission of the City of Oakdale for a special use permit to construct a…