11. Blue Pheasant
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CUPEIQ1NO
Parks and Recreation Department
CITY COUNCIL
STAFF REPORT
Agenda Item Number J..L
Agenda Date: June 6, 2006
ISSUE
Should the Council grant a request from Mike Tsachres, owner of the Blue Pheasant, to
initiate a process that would make it possible for him to stay open one hour later on
Thursday, Friday and Saturday nights?
BACKGROUND
Historically the restaurant/bar was operated until 2AM on weekends; that practice ended
when the new lease was negotiated and the City enforced the Conditional Use Permit
requirement as part of the new lease.
The Blue Pheasant restaurant is owned by the City and leased to an operator, Mike
Tsachres, through March 31, 2009, with an option for an extended term if both parties
agree to the lease terms at that time.
The General Plan designation and zoning for the property is Parks and Recreation.
There is no mechanism within Parks zoning to issue Conditional Use Permits. A
Conditional Use Permit would be required for operation past lIPM.
When Mr. Tsachres first acquired the business, he initiated the process for a General
Plan amendment, zone change and Conditional Use Permit, taking his request to the
neighbors (through meetings), the community (through noticing) and the Planning
Commission. He requested a re-zoning of the two-acre parcel the restaurant occupies
from Park to General Commercial. The City Council took considerable public
testimony and in the end, determined that changing the zoning from Park to General
Commercial would be inconsistent with the original public purpose for acquiring the
property.
Mr. Tsachres has sent the attached letter, again requesting a one-hour time extension for
Thursday, Friday and Saturday nights. Because he has been a responsive operator
addressing neighbors concerns, he believes the neighbors will support him in this
request. He has indicated that without the additional time of operation, he will need to
sale the business. He has requested that he be allowed to go through the process again.
Printed on Recycled Paper
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June 6, 2006
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As the owner, the City Council needs to initiate any action regarding this property's use.
Considering the result of the prior re-zoning process, staff suggests that if the Council is
willing to consider allowing later operation of the Blue Pheasant, it may be better
achieved by modifYing the Park Zoning Ordinance to allow issuance of Conditional Use
Permits. A more targeted approach is also available: the Council may chose to create a
new zoning classification relative to the golf course and restaurant property that will
keep it as public park but allow commercial activity past lIPM. Staff does not want to
begin the analysis of what might be appropriate until the Council directs that this issue
be re-opened.
RECOMMENDATION
Should the Council so direct we would work with Mr. Tsachres to accommodate his
request, in a manner that would not remove the Park zoning designation from the
property. We would recommend a targeted option that does not affect all park property.
The process would include city-wide noticing, environmental review, a Planning
Commission hearing with recommendation to Council, 1st and 2nd readings of an
Ordinance change and a 30-day waiting period before the Ordinance takes effect.
Respectfully submitted:
Approved for submission to City Council:
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Therese Ambrosi Smith, Director
Parks and Recreation Department
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David W. Knapp, City Manager
g:\parks and recreation admin\templates- masters\staff report.doc
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Blue Pheasant Restaurant
22100 Stevens Creek Blvd
Cupertino Ca 95014
May,26,06
Mr. David Knapp
City Manager
City of Cupertino
Cupertino ca 95014
Re: Request to be on the next City Council meeting
Dear Mr. Knapp
With this letter I would like to request to be on the next City Council agenda
for the one hour closing time extension, on Thursday - Friday & Saturday of the
restaurant. Indeed from 11:00 pm to close at 12. midnight.
Furthermore, please notice that it was our understanding that this extra hour
issue was supposed to be on the City Council agenda sometime in December 2005,
but never materialized so far.
This extra one hour for these three days is necessary & essential for the survival of
the restaurant ,where business dropped almost 40% since we closed the door at
11:00 pm . The reason for that is, because customers leaving the restaurant around
10:30 to 11:00pm to continue their dancing at other establishments ,and secondly
whom ever comes between 11:00 to 12.midnight is not allowed to get inside.
In order to cover the operating expenses of the restaurant I have to provide
additional funds form other sources ,but I cant continue much longer .Therefore,
I ask to be on the next City Council agenda for this one hour extension, ,hoping
that I will get their approval, other wise I have to decide to put the restaurant for
Sale, or find other means of survival.
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Finally I would like to mention, that I talk to the Oakdell residence on their
meeting & I spoke to president ofthe Oakdell Ranch Mr. & Mrs Vandersteen and
inform me that the majority of the residence are supporting the one hour
extension. I personally assure them that the one hour extension of these three days
will be smooth and trouble free as it happens presently.
At last I would like to thank you for your co-operation & understanding and I hope
I see you at the City council meeting.
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