Attachment D
Appeal
KENNETH J. CATANZARITEATTORNEY AT LAW
Direct Dial:
(714) 678-2100
Via Email and US Mail:
City of Newport Beach
CATANZARITE LAW CORPORATION
Attorneys & Counselors at Law
2331 West Lincoln Avenue
Anaheim, California 92801
(714) 520-5544
Facsimile: (714) 520-0680
September 22, 2026
c/o City Clerk Lena Shumway
100 Civic Center Drive
City Attorney Aaron Harp
[email protected]
E-Mail Address:
[email protected]
Direct Fax:
(714) 399-0577
Newport Beach, California 92660
[email protected]
Deputy City Attorney Jose Montoya
[email protected]
City Manager Grace K. Leung
[email protected]
Community Development Director Seimone Jmjis
[email protected]
Re: Five Crowns Restaurant - P A2023-0202
Planning Commission Resolution No. PC2026-027
Notice of Intended Appeal/ Request for Complete Record for City Council Review
Dear City Clerk, Community Development Director, and City Attorney's Office, Kenneth J. Catanzarite and Kim E. Catanzarite intend to timely appeal the Planning Commission's September 17, 2026 action concerning Five Crowns Restaurant, P A2023-0202, and Resolution No. PC2026-027 to the Newport Beach City Council pursuant to Newport Beach Municipal Code Chapters 20.64 and 21.64.
This letter requests preservation, assembly, and inclusion of the complete record relevant to the City Council's de novo or otherwise review.
NBMC Chapters 20.64 and 21.64 provide that upon filing an appeal from a Planning Commission decision, the matter proceeds to the City Council and the record/report prepared for review is to include the application materials relevant to the decision. Council review is de novo.
Accordingly, please preserve and include the following materials in the Council appeal record:
1. The final signed and adopted Resolution No. PC2026-027, including any revisions made before or during the September 17, 2026 hearing.
2. The complete September 17, 2026 Planning Commission agenda packet and all attachments concerning Agenda Item No. 4.
3. The complete staff report and all versions, drafts or revisions circulated to the Planning Commission concerning Agenda Item No. 4.
September 22, 2026
Page No. 2
4. The City's native video and audio recording of the September 17, 2026 Planning Commission meeting.
5. The complete YouTube/NBTV recording of the meeting.
6. Any closed-caption file, automated transcript, manually prepared transcript, or other transcription generated or maintained by the City or its video contractor.
7. The final approved minutes of the September 1 7, 2026 meeting when available.
8. The complete staff presentation concerning Agenda Item No. 4.
9. All statements, presentations, advice and responses made on the record by the City Attorney's Office concerning Agenda Item No. 4, including the Deputy City Attorney's statement that the purpose of the action was to confirm that the rights afforded by P A2023-0202 were "void," had not been in force or effect since surrender, could not be invoked in any further discretionary approval or entitlement, and that the Commission was "simply confirming something that has already happened."
10. All written public comments and late correspondence submitted concerning Agenda Item No. 4.
11. The September 16, 2026 written submission of Kenneth J. and Kim E.
Catanzarite.
12. The September 17, 2026 prepared statement and attachments submitted by Kenneth J. and Kim E. Catanzarite.
13. The oral supplemental objections made by Kenneth J. Catanzarite at the September 17 hearing.
14. All written material submitted by Five Crowns, Lawry's Restaurants, FPV II Paiinership or their representatives concerning Agenda Item No. 4.
15. The record reflecting the motion and 6-0 vote on Agenda Item No. 4.
16. Resolution No. ZA2024-045.
17. Planning Commission Resolution No. PC2024-027.
18. The December 18, 2024 Catanzarite appeal to the City Council.
19. The complete April 29, 2025 City Council agenda packet and administrative record concerning P A2023-0202.
20. City Council Resolution No. 2025-18, including all exhibits and conditions of approval.
21. All written documents by which Five Crowns or Lawry's surrendered P A2023-0202.
22. All City documents accepting or confirming that surrender, including the document establishing the City's use of December 2, 2025 as the effective date.
23. All nonprivileged correspondence concerning the City's determination that Resolution No. 2025-18 has no independent utility following surrender of PA2023-0202.
24. All other materials considered, relied upon, presented to, or available to the Planning Commission concerning the action taken on September 17, 2026.
Please preserve the materials above in their native format where available.
Please also confirm whether the City intends to prepare one combined administrative/appellate record for the City Council or whether Appellants should separately lodge any portions of the underlying PA2023-0202 record.
September 22, 2026
Appellants reserve the right to supplement this request after review of the official September 17 recording and transcript.
Nothing in this letter constitutes a limitation of the issues that may be presented in the de nova City Council proceeding or a waiver of any claims, defenses, objections, attorneys' fees, costs, or remedies in pending judicial proceedings.
Very truly yours,
enneth J. Catanzarite
For Kenneth J. Catanzarite and Kim E. Catanzarite
STATE OF CALIFORNIA
COUNTY OF ORANGE
PROOF OF SERVICE
)
) ss:
The undersigned certifies and declares as follows:
I am over the age of 18 and not a party to this action . My business address is 23 31 West Lincoln A venue, Anaheim, California 92801 , which is in the county where the mailing described below took place.
On September 22 , 2026 I served the within Correspondence Dated September 22, 2026 Re: Five Crowns Restaurant - PA2023 -0202; Planning Commission Resolution No. PC2026 -027; Notice of Intended Appeal / Request for Complete Record for City Council Review by:
[X] (Mai l) I placed a true and correct copy thereof in a sealed envelope addressed as set forth on the attached service list and caused such envelope , with first class postage thereon fully prepaid, to be placed in the U.S. Mail at Anaheim, California, and certify that such envelope was placed for collection and mailing following ordinary business practices. [ ] (Overnight Delivery) I placed a true and correct copy thereof in a sealed envelope addressed as set forth on the attached service list and caused such envelope to be delivered the next day by overnight courier to the addressee(s) listed on the attached service list.
[ ] (Personal Service) I placed a true and correct copy thereof in a sealed envelope addressed as set forth on the attached service list and caused such envelope to be delivered by hand as set forth on the attached service list. [X] (E-mail) I caused the above mentioned document to be served via PDF email attachment to the parties at the e-mail addresses listed on the attached service list.
[X] (State) I declare under penalty of perjury under the laws of the State of California that the above is true and correct.
Executed September 22, 2026 at Anaheim, California.
City of Newport Beach
c/o City Clerk Lena Shumway
100 Civic Center Drive
Newport Beach, California 92660
1 sh um way@newportbeach1c:a, gov
(Via Email and US Mail)
City Manager Grace K. Leung
[email protected]
(Via Email Only)
SERVICE LIST
City Attorney Aaron Harp
aharp@newportbeachc:a.gov
(Via Email Only)
Deputy City Attorney Jose Montoya
[email protected]
(Via Email Only)
Community Development Director
Seimone Jurjis
[email protected]
(Via Email Only)