O'HAGEN

This is an appeal by plaintiff from a judgment entered upon a denial of a petition for writ of mandate.

Plaintiff petitioned the Superior Court of Sonoma County for a writ of mandate to compel the City of Santa Rosa (hereinafter “the City”), the Board of Zoning Adjustment of said City (hereinafter “the Board”), and the Santa Rosa City Council (hereinafter “the Council”) to' annul and rescind the action revoking a use permit previously granted by the City for the operation of a drive-in restaurant. The trial court entered a judgment denying the writ of mandamus.

Factual Background

On February 8, 1961, one Vernon Rose, the owner of property located at 1207 Fourth Street in Santa Rosa, applied for a use permit for the purpose of constructing a drive-in restaurant at said location. On February 16, 1961, the Board issued a temporary use permit for the purpose requested. The use permit specifically stated that the establishment, maintenance, or operation of the use applied for would not, under the circumstances of the particular case and subject to the terms and conditions set forth therein, be detrimental to the health, safety, peace, morals, comfort, and general welfare of…