Attachment B
Planning Commission Staff Report, September 17, 2026
CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
September 17, 2026
Agenda Item No. 4
SUBJECT: Five Crowns Restaurant Limited Term Permit (PA2023-0202) SITE LOCATION: 3801 East Coast Highway
APPLICANT: Ryan Wilson of Lawry’s Restaurants Inc.
OWNER: FPV II Partnership
PLANNER: Liz Westmoreland, AICP, Deputy Community Development Director 949-644-3234, [email protected]
PROJECT SUMMARY
Ryan Wilson of Lawry’s Restaurants Inc. surrendered PA2023-0202 on December 2, 2025. The purpose of this action is to confirm that the PA2023-0202 has not been in force and effect since it was voluntarily surrendered on December 2, 2025, and cannot be invoked in connection with any further discretionary approvals or entitlements that the Applicant may request.
RECOMMENDATION
1) Find this action is not 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. 2) Adopt Resolution No. PC2026-027 confirming that PA2023-0202 is of no further force and effect and has not been in effect since December 2, 2025. The Resolution shall further confirm that, as a result of the Applicant’s voluntary surrender of PA2023-0202, Resolution No. 2025-18 presents no live controversy and shall not be relied upon or invoked in connection with any future discretionary approvals, or entitlements requested by the Applicant.
1 INTENTIONALLY BLANK PAGE 2
Five Crowns Temporary Outdoor Dining (PA2023-0202)
September 17, 2026
INTRODUCTION
Project Background
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 (Property). The Applicant requested a limited-term permit and coastal development permit to allow an existing temporary outdoor dining patio to remain for a limited term at Five Crowns Restaurant (Project). The expanded 1,350-square-foot dining area, including an 850-square-foot canopy, was originally approved by an Emergency Temporary Use Permit (ETUP) in 2020 as a temporary addition to the Restaurant’s existing outdoor dining area during COVID-19.
A Zoning Administrator public hearing was held on July 25, 2024. Evidence, both written and oral, was presented to and considered by the Zoning Administrator at the hearing. The Zoning Administrator continued the item to August 15, 2024, to give the Applicant additional time to address public concerns related to noise.
The continued public hearing was held on August 15, 2024. At the conclusion of the hearing, the Zoning Administrator adopted Resolution No. ZA2024-045, approving the limited term permit and coastal development permit (PA2023-0202).
On August 28, 2024, Ken and Kim Catanzarite (Catanzarite) filed an appeal of the Zoning Administrator’s decision, objecting to the approval of the limited term permit due to concerns regarding related noise impacts to the surrounding residential neighborhood and neighbors; the processing of the use as a temporary use when it should have been processed as an amendment to the original use permit (UP1822), including a parking waiver and addressing hours, live entertainment, and noise; and the continuous unpermitted use of the outdoor area for events with live entertainment.
A public hearing was held by the Planning Commission on December 5, 2024. Evidence, both written and oral, was presented to and considered by the Planning Commission at the public hearing. At the conclusion of the hearing, the Planning Commission upheld the Zoning Administrator’s decision and denied the appeal, as set forth in Planning Commission Resolution No. PC2024-27.
On December 18, 2024, Catanzarite filed an appeal of the Planning Commission’s decision to the City Council due to noise concerns and impacts to the neighborhood. A public hearing was held by the City Council on April 29, 2025. Evidence, both written and oral, was presented to and considered by the City Council at the public hearing. 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. 3 Five Crowns Temporary Outdoor Dining (PA2023-0202)
September 17, 2026
Since then, the Applicant has voluntarily surrendered PA2023-0202, and the City accepted the surrender effective December 2, 2025.
This action affirms that PA2023-0202 has not been in force and effect since it was relinquished on December 2, 2025, and cannot be invoked in connection with any further discretionary approvals or entitlements that the Applicant may request.
ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities), of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment.
The Class 1 exemption includes the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use. The Class 1 exemption includes interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances as well as additions to existing structures of up to 10,000 square feet. The proposed scope of work includes the temporary use of an outdoor dining area of approximately 1,350-square-feet including an 850-square-foot tent canopy with exterior live entertainment at an existing restaurant. Therefore, the project qualifies under the parameters of the Class 1 exemption. There are no known exceptions listed in CEQA Guidelines Section 15300.2 that would invalidate the use of these exemptions.
Submitted by:
_____________________________
Liz Westmoreland, AICP
Deputy Community Development Director
Attachments: Resolution No. PC2026-027
4