City Council backs restaurant hours

June Casagrande

NEWPORT BEACH -- Complaints by two residents of noise and rowdy

patrons of Carmelo’s Ristorante aren’t enough to yank the restaurant’s

permit, the City Council has decided.

Appealing a Planning Commission decision, Newport Beach resident Gary

Martin brought his fight to the City Council last week. But after

learning that 75 of 99 complaints lodged against the restaurant were from

Martin, council members decided to let the Coast Highway restaurant keep

its permit as is.

Mayor Tod Ridgeway took it a step further: “I suggest you consider

moving,” he told Martin, pointing out that neighbors bothered by the

restaurant appear to be a small minority.

Along with resident Walt Naidus, Martin fought for changes to

Carmelo’s permit, including a limit to the restaurant’s hours on certain

nights.

“Carmelo’s should not be allowed to conduct business after 11 p.m. any

night of the week,” Martin said.

But, noting that her restaurant complies with all terms of its permit,

Carmelo’s owner Judy Monto protested.

“I don’t think it’s fair to cut down on our hours,” she said.

Some residents, including Martin and Naidus, have complained that

noise from the restaurant’s live music keeps them awake at night. Also,

they have said, patrons of Carmelo’s cause problems, including urinating

in public.

A handful of Carmelo’s neighbors turned out to speak on the issue.

But, in an unusual display that may have helped seal council members’

decisions, about half came out to speak in favor of the restaurant.

City code enforcement officers have tested noise levels in the

surrounding area and reported that noise is within reasonable limits.

Martin argued that if they retested during peak operating hours, they

would see that the music and laughter emanating from the establishment

are excessive.

But, to officials, the point was already moot.

The bottom line: “We have not found any violations of the use permit

or code,” Assistant City Manager Sharon Wood reported.