MacK

The judgment from which plaintiffs appeal is one them a writ of mandate compelling the City of Menlo Park to issue a use permit to them.

On February 28, 1972, plaintiff Melville Mack applied to the Planning Commission of the City of Menlo Park for a use permit for a self-service gas station. On March 20, 1972, the planning commission approved the application by a five to zero vote. The city’s zoning ordinance section 30.701D provides: “A use permit shall be effective the fifteenth day after planning commission approval unless the planning commission action is appealed to the city council, in which case the permit shall not be effective until the city council has acted upon the appeal.”

Section 30.1101 of the ordinance reads: “Any person may appeal to the city council any order, requirement, decision or determination of the commission, in the manner provided herein.”

Section 30.1102 of the zoning ordinance provides: “Appeals shall be made in writing and filed with the city clerk within fourteen days after the final action of the planning commission. The appeal shall be accompanied by a fee, as set by the city council, and clearly shall state the reason for appeal. Upon…