CONDITIONAL USE PERMIT REQUIREMENT FOR THEATER-RESTAURANT IN M1 USE DISTRICT

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OFFICE OF THE CITY ATTORNEY OPINION P77. 73- 63 SEPTEMBER 21, 1973 SUBJECT: Conditional Use Permit requirement for Theater - Restaurant in M-1 Use District (CUP 73-13) REQUESTED BY: Planning Director OPINION BY: James A. Withers, City Attorney BY: Richard E. Lay, Deputy City Attorney QUESTION I: Where a property owner in M-1 Use District seeks to convert a,~ exi.:=.ting warehouse into 'a comk~i.nation restauz~a '. .' ? ~_ve theater, is a conditional use p~:rmit required by the provisions of the City Code? ANSWER: Yes. Insofar as the owner desires to use the prey+aises for the purpose of staging theatrical productions he is required by the City Code t-.o ~~btai_n a conditional use permit. Q[}ESTIUN II: May the City, through its zoning regulations, require the owner of a combination restaurant- theater to obtain a conditional use perma_t in order to operate in an M-1 zone, where various other non-industrial uses, including restaurants, are allowed as unconditionally permitted uses in the same zone? ANSWER: Yes. The zoning ordinance is not arbitrary or unreasonable in its classification of permitted uses, and it represents a valid exercise of the City's police power. ANALYSIS "Harlequin Playhouse" has applied for a conditional use permit to convert an existing warehouse into a combination restaurant and live tYieater, to be operated in an M-1 (Light Industrial) use district. Harlequin's representative has apparently raised some contentions to the effect that the proposed facility is not under gray conditional use permit requirement, either on the ground that the City Cade. by its tcrar~s does not require a C.U.P. for the pro- posed faacility, or on the gro~anri~ that the City is not entitled to suY~J ect this part icu la r proposedl use to a C . U . P . r. equirement. whei:e other similar uses arcs txn~:onditionally permitted in the sanac zone. 131