October 27, 2004     Cupertino, California Since 1947
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Pheasant is asking for new owner, new zoning
By Hugh Biggar
Late hours of operation have long been a contentious issue between the Blue Pheasant restaurant and some of its residential neighbors. The future of this issue, as well as the future of the Blue Pheasant, were the center of a recent Cupertino City Council discussion.

At the city council's Oct. 18 meeting, a prospective buyer of the landmark restaurant asked for zoning changes that would allow the restaurant to stay open until 2 a.m. on the weekends.

The city sued Ole Rasmussen--the restaurant's owner and founder--over this very issue last month, saying he violated a recently renewed lease. When the city renewed the lease last March, it also requested the Blue Pheasant close at 11 p.m. on weekends to comply with zoning regulations.

This is the second time in recent months the city council has considered a prospective buyer for the Blue Pheasant. The first time the council, in a four-to-one vote, rejected the applicants, saying the buyers lacked restaurant experience.

Residents in the nearby neighborhood have complained about the Blue Pheasant. Some claim it has been a source of rowdy customers involved in prostitution and fights. However, city law officials dispute these claims. Neighbors have also complained about traffic problems and noise.

The prospective owner, Ray Shafazand, promised to address these concerns. Speaking at the meeting, he said he would run a professional operation.

"Our expertise is to study the area and be a good neighbor," he said, citing his long work experience in the restaurant and nightclub business. Shafazand owns several local nightclubs and restaurants.

In order to deal with neighborhood concerns, Shafazand said there would

be a cover charge and free valet parking, and he would hire trained security guards for use inside and outside the Blue Pheasant.

The valet parking would help control parking problems; the security guards would help control noise problems and unruly customers; and the cover charge would help ensure an "upscale" clientele.

In a controversial proposal, he also said that in the initial six months, security guards would be placed at the entrance of neighborhood streets.

His pitch persuaded the council to decide to take the next step toward a possible sale. But as part of that process, the city council urged Shafazand to meet with the Blue Pheasant's neighbors and then file papers with the Cupertino Planning Commission to schedule public hearings.

"It cannot be underscored enough that there a lot of hurdles, but it sounds like [Shafazand] plans to address them," said Councilwoman Dolly Sandoval.

Still, neighbors of the Blue Pheasant spoke of their concerns at the meeting.

Tom Maello said he remained concerned about high noise levels coming from inside the club and continuing traffic problems.

"I recommend the city council not go forward with this," he said. "It's not conducive to a residential neighborhood."

Maello's neighbor Albrecht Achoy agreed, citing past experience with drunken individuals on his property.

One resident, however, did voice his support for the Blue Pheasant. "It's an asset to the neighborhood," Bill Kunez said. "There is an assumption there is a negative to a bar or neighborhood restaurant. I think it's appropriate."

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