Attachment A
Draft Resolution
RESOLUTION NO. 2026-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, DENYING AN
APPEAL AND UPHOLDING THE PLANNING
COMMISSION'S DECISION CONFIRMING VOLUNTARY
SURRENDER OF A LIMITED TERM PERMIT TO ALLOW
A TEMPORARY OUTDOOR DINING AREA WITH LIVE
ENTERTAINMENT LOCATED AT 3801 EAST COAST
HIGHWAY (PA2023-0202) AND CONFIRMING
RESOLUTION NO. 2025-18 PRESENTS NO LIVE
CONTROVERSY
WHEREAS, the City of Newport Beach ("City") is governed, in part, by the Charter of the City of Newport Beach, Newport Beach Municipal Code, and Council Policies; WHEREAS, Section 200 of the City Charter vests the City Council with the authority to make and enforce all laws, rules, and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the Charter and the State Constitution, and the power to exercise, or act pursuant to any and all rights, powers and privileges, or procedures granted or prescribed by any law of the State of California; WHEREAS, an application was filed by Ryan Wilson, of Lawry's Restaurants Inc. ("Applicant"), concerning property located at 3801 East Coast Highway, and legally described as Parcel 1 of Resubdivision 523;
WHEREAS, the Applicant applied for a limited term permit and coastal development permit ("CDP") to allow an existing temporary outdoor dining patio to remain for a limited term at the Five Crowns Restaurant ("Project");
WHEREAS, the expanded 1,350-square-foot dining area includes an 850-squarefoot canopy that was originally approved by an Emergency Temporary Use Permit ("ETUP") in 2020 as a temporary addition to the Restaurant's existing outdoor dining; WHEREAS, on July 25, 2024, a public hearing was held by the Zoning Administrator, on line via Zoom. A notice of the time, place, and purpose of the hearing was given in accordance with California Government Code Section 54950 et seq. ("Ralph M.
Brown Act") and Chapters 20.62 and 21.62 (Public Hearings) of the Newport Beach Municipal Code ("NBMC"). Evidence, both written and oral, was presented to and considered by the Zoning Administrator at this hearing which was continued to August 15, 2024;
WHEREAS, at the conclusion of the continued hearing, the Zoning Administrator adopted Resolution No. ZA2024-045 approving the Limited Term Permit PA2023-0202; Resolution No. 2026-
WHEREAS, on August 28, 2024, Ken and Kim Catanzarite filed an appeal of the Zoning Administrator's decision objecting to the approval of Limited Term Permit PA2023- 0202 based on noise impacts to the surrounding residential neighborhood as well as objections to processing the request as a limited term permit rather than a use permit and the continuous use of the outdoor area for events with live entertainment; WHEREAS, on December 5, 2024, a public hearing was held by the Planning Commission in the City Council Chambers at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with Ralph M. Brown Act and Chapters 20.62 and 21.62 (Public Hearings) of the NBMC.
Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing;
WHEREAS, at the hearing, the Planning Commission adopted Resolution No.
PC2024-027 by a unanimous vote (6 ayes, 0 nays, and 1 recusal), approving the Project and upholding the Zoning Administrator's approval of Limited Term Permit PA2023-0202 ("PA2023-0202");
WHEREAS, Ken and Kim Catanzarite filed an appeal of the Planning Commission's decision to the City Council due to noise concerns and impacts to the neighborhood; WHEREAS, on April 29, 2025, a public hearing was held by the City Council in the City Council Chambers at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with the Ralph M.
Brown Act and Chapter 20.62 and 21 .62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the City Council at this public hearing; WHEREAS, at the conclusion of the hearing, the City Council upheld the Planning Commission's decision and denied the appeal as set forth in Resolution No. 2025-18; WHEREAS, the Applicant voluntarily surrendered PA2023-0202 and the City accepted that surrender effective December 2, 2025;
WHEREAS, on September 17, 2026, the Planning Commission adopted Resolution No. 2026-027 by unanimous vote (6 ayes, 0 nays) confirming voluntary surrender of a limited term permit to allow a temporary outdoor dining area with live entertainment and confirming Resolution No. 2025-18 presents no live controversy; WHEREAS, on September 22, 2026, an appeal was filed by Kenneth J.
Catanzarite and Kim E. Catanzarite; and
Resolution No. 2026-
WHEREAS, a de nova public hearing was held by the City Council on October 13, 2026, in the City Council Chambers at 100 Civic Center Drive, Newport Beach, California.
A notice of time, place and purpose of the public hearing was given in accordance with the Ralph M. Brown Act and Chapter 20.62 and 21 .62 (Public Hearings) of the NBMC.
Evidence, both written and oral, was presented to, and considered by, the City Council at this public hearing.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows:
Section 1: The City Council does hereby confirm that PA2023-0202 is of no further force and effect and has not been in effect as of December 2, 2025.
Section 2: The City Council has considered the decision of the Planning Commission and further confirms that Resolution No. 2025-18 presents no live controversy as a result of the voluntary surrender of PA2023-0202. Resolution No. 2025-18 served as the vehicle to approve PA2023-0202; with the surrender of PA2023-0202, the Resolution has no independent utility. Resolution No. 2025-18 shall not be invoked for any further discretionary approvals or entitlements that the Applicant may request.
Section 3: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution.
Section 4: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
Resolution No. 2026-_
Section 5: The City Council finds that this action is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060( c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
Additionally, this action is categorically exempt from the California Environmental Quality Act pursuant to Section 15321 under Class 21 (Enforcement Actions by Regulatory Agencies) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3 which exempts actions by regulatory agencies to revoke or terminate a permit or land use entitlements.
Section 6: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 13th day of October, 2026.
ATTEST:
Lena Shumway
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Ad ~ rpc ff~
City Attorney
Lauren Kleiman
Mayor