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Item No. 1 (continued) Planning Director Schroeter referred to the subject report which provided a background for the original Use Permit and the conditions attached to it, among them that no alcoholic beverages shall be served or sold in connection with the restaurant. He explained that his rational for denying the application to allow sale on the premises of beer and wine is based primarily on its being a Planning matter as well as a moral matter; that the Zoning Ordinance clearly covers moral issues in that it empowers the Zoning Administrator to consider the effects on health, safety, peace and morals, comfort and general welfare. In this instance, the moral concerns are with respect to the close proximity of Sequoia High School. He emphasized that those concerns were not that he believed teen -agers would be drinking beer and wine in the restaurant, nor that the applicant would not keep a good restaurant even if beer and wine were sold, because he was sure she would; but that he was concerned that if the Use Permit were granted, the consequences would be to break a serious and long standing precedent in this part of San Mateo County, opening up for the first time the immediate area surrounding the high school to the sale of alcoholic beverages; that in breaking this precedent, there would be no basis for denying further requests for the same privilege in the alcohol -free zone. Mayor Britschgi declared the public hearing open at 7:50 p.m. Joseph Bergeron, Attorney, 520 El Camino Real, San Mateo, representing the applicant, submitted a set of four photographs of the interior of the restaurant which was circulated among the Council members. He described the facility and the type of clientele served by the restaurant. He read a letter dated April 15, 1985, addressed to the Mayor from Reverend Vern Jones, St. Peter's Episcopal Church, supporting approval of the Use Permit (copy of the letter is on file in the City Clerk's office). Mr. Bergeron stated that the PTSA had met recently and their decision was to take no position on the matter. Discussion followed, and Mr. Bergeron commented and replied to questions by Council regarding the proximity of the high school to E1 Camino Real where there are an adult book store and bars; whether the use requested is permitted under the present zoning ordinance, and if the proposed use is not desired in that location, then the zoning should be changed. He noted that at present, basically the restaurant offers a take -out service, but his client believes that customers would prefer to be served within the establishment if beer and wine were available. Anthony Williams, 356 Alexander Avenue, Redwood City, spoke in support of Mrs. Gomez's appeal. Jon M. Spanqler 177 Duane, stated that he shares the Planning Director's and City Council member's views on the importance of moral values; that the great percentage of Los Pericos' patrons are responsible adults, and the high school students do not generally patronize the restaurant, and believes the request to allow sale of beer and wine at the location was reasonable and should be approved. Reg.Mtg. 4/15/85 Page 2 MINUTE BOOK NO. 45 Page No. 334