Jones v. City Council

California Court of Appeal May 19, 1971 No. Civ. 1272Published

Before: Gargano

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Holding. The court held that the planning commission's decision to grant a special use permit was supported by substantial evidence and that the proposed mobilehome park complied with statutory access requirements. The court further held that the trial court correctly limited its review to the administrative record and properly declined to reweigh the evidence.

Issues

Whether there was substantial evidence to support the planning commission's finding that the mobilehome park would not be detrimental to the neighborhood.
Whether the trial court erred by failing to reweigh the evidence in a case not involving a fundamental vested right.
Whether the proposed mobilehome park satisfied the access requirements of Health and Safety Code section 18612.

Disposition. affirmed

Quotations verified verbatim against the opinion

“The administrative decision in this case did not involve or substantially affect any fundamental vested right, and the court’s inquiry was limited to ascertaining whether there was before the planning commission and the city council any substantial evidence”

“the regulation requiring each mobilehome to have access from the mobilehome lot to a driveway of not less than 25 feet in clear width, and all driveways to have unobstructed access to a public thoroughfare, is for the benefit of mobilehome owners”

Opinion

GARGANO, J.

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

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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 mobilehome park on a parcel of land fronting on Old Stockton Road near a point where the road dead-ends into the Stanislaus River. The land is located in an R-A use district about 1,780 feet north of the intersection of Old Stockton Road and “A” Street. Because a mobilehome park is a permitted use in such a district upon the procurement of a use permit, the planning commission set Sondeno’s application for hearing as required by the city ordinance.

At the hearing the planning commission considered written reports from the planning director, the director of public works, the superintendent of streets, the fire chief and chief of police, as well as protests and testimony from property owners who were opposed to the proposed use. The commission approved Sondeno’s application, subject to several protective conditions and upon the further condition that he comply with all requirements imposed by the city’s responsible officials. The property owners appealed to the city council, and their appeal was denied. This litigation followed.

Jones v. City Council

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GARGANO, J.

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