Instrumental decision made in inn’s favor

June Casagrande

NEWPORT BEACH -- The Village Inn does not need to apply for a use

permit to add drums and guitars to its live music lineup, the Planning

Commission decided Tuesday.

Instead of ruling on the request by the Balboa Island restaurant and

lounge, planning commissioners ruled that the question fell outside of

their jurisdiction, much to the dismay of the packed house of residents

who showed up to voice their opinions on the matter.

“We’ve had recurring problems over the years with loud music and

drunks coming out of the bar at 1 and 2 in the morning and causing a

disturbance in the neighborhood,” said Balboa Island resident Tom

Fredericks, who opposes the Village Inn’s request.

By Thursday afternoon, residents who wrote to the city on the subject

were stacked about 3 to 1 against the request, but an attorney for the

landmark restaurant and lounge said its supporters were mobilized for the

Thursday night meeting.

“We were disappointed that in fact the public that attended were not

given an opportunity to speak,” said Scott Russo, an attorney for Village

Inn owners the Toll family.

Russo said he was pleased, however, with Thursday’s decision.

“What the Planning Commission decided was in essence what the Village

Inn had asserted at the very beginning: that the actual musical

instruments were not the issue,” he said. “The addition of instruments

should not constitute a major change to the entertainment license because

we have noise ordinances, which control volume, which is the real issue.”

Village Inn operators had taken their request to the commission after

Planning Department staffers said that adding musical instruments

amounted to a substantial change in the Village Inn’s entertainment

offerings. By a 4-3 vote, commissioners disagreed with the staff,

deciding that the matter was not relevant to a land-use permit but

instead a question relevant to its entertainment permit, which is issued

by the city’s Finance Department.

“It didn’t seem like a land-use decision,” Commissioner Larry Tucker

said. “It seemed like it had to do with enforcement of a noise code and

whether they’re going to exceed noise requirements.”

The Village Inn, which dates back to the 1930s, is exempt from rules

that forbid entertainment in the area, said Patricia Temple of the city’s

Planning Department.

“It’s a restaurant that was established prior to the requirement for

restaurants to have a use permit,” she said.

Temple said a number of businesses in the city have this status, known

as “legal but nonconforming.”

Though any City Council member has the right to call any staff

decision into question at a council meeting, it’s likely the Planning

Commission decision means the Village Inn owners will get their wish.

It’s also likely that the move ended residents’ chances to weigh in on

the matter in a public forum. The next step for the Village Inn is to

apply for a modified entertainment permit from the Finance Department.

All such permit requests are granted, though staff may decide to place

stipulations on the business to control noise and other nuisances,

according to city rules.

* June Casagrande covers Newport Beach. She may be reached at (949)

574-4232 or by e-mail at o7 june.casagrande@latimes.comf7 .