| Item No. 3. | |
| MEETING DATE: December 8, 2025 |
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| TO: | PLANNING COMMISSION |
| FROM: | SUSAN KIM, DIRECTOR OF COMMUNITY & ECONOMIC DEVELOPMENT By: Ash Syed, Senior Planner |
| SUBJECT: | A DULY NOTICED PUBLIC HEARING TO CONSIDER MODIFICATION 25-0001 (MOD 25-0001) TO CONDITIONAL USE PERMIT 16-03 (CUP 16-03) TO MODIFY PLANS FOR A PREVIOUSLY APPROVED RESTAURANT AND CONDITIONAL USE PERMIT 25-0016 (CUP 25-0016) TO ALLOW ALCOHOL BEVERAGES SALES AND SERVICES UNDER A TYPE-48 ALCOHOL AND BEVERAGE CONTROL (ABC) LICENSE WITHIN AN EXISTING GENERAL RETAIL USE (A.K.A. NORTHGATE GONZALEZ MARKET) LOCATED AT 1305 WEST WHITTIER BOULEVARD (ASSESSOR'S PARCEL NUMBER: 017-152-17)
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CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):
This project was reviewed pursuant to the guidelines of the California Environmental Quality Act (CEQA) and determined to be categorically exempt pursuant to Section 15301(e), Class 1: "Existing Facilities" of the CEQA Guidelines. Class 1 consists of 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 proposed project will involve interior tenant improvements only. The project does not include major exterior remodeling, addition, or structural rehabilitation. The project involves a negligible expansion of the existing use.
The project is not subject to any of the exceptions for exemption under Section 15300.2 of the CEQA Guidelines. The cumulative impact of this project, and the approval of other projects like it in the vicinity, is not expected to have any significant environmental impact. The project is not located along any state-designated scenic highway nor within any designated hazardous waste site. The project will not cause a substantial adverse change in the significance of any historical resource because the subject building has been substantially remodeled over the years, most recently in 2017. Staff does not expect any significant impacts or unusual circumstances related to the approval and construction of the project. Therefore, the project is categorically exempt from CEQA.
RECOMMENDATION:
That the Planning Commission approve and adopt:
RESOLUTION NO. 25-27 – A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA HABRA, CALIFORNIA, MAKING THE REQUIRED FINDINGS AND APPROVING MODIFICATION 25-0001 (MOD 25-0001) TO CONDITIONAL USE PERMIT 16-03 (CUP 16-03) TO ADD NEW SEATING AND A BAR AREA FOR AN EXISTING RESTAURANT AND CONDITIONAL USE PERMIT 25-0016 (CUP 25-0016) TO ALLOW ALCOHOL BEVERAGES SALES AND SERVICES UNDER A TYPE-48 ALCOHOLIC BEVERAGE CONTROL (ABC) LICENSE WITHIN AN EXISTING GENERAL RETAIL USE (A.K.A. NORTHGATE GONZALEZ MARKET) LOCATED AT 1305 WEST WHITTIER BOULEVARD (ASSESSOR'S PARCEL NUMBER: 017-152-17), AS PER THE APPROVED PLANS AND SUBJECT TO CONDITIONS, AND MAKING THE DETERMINATION THAT THE PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTION 15301, CLASS 1: “EXISTING FACILITIES” OF THE CEQA GUIDELINES
DISCUSSION:
The Applicant, Nayib Chaibun of Artigiana Commercial Design, on behalf of the Property Owner, Paul Mittman of Northgate Gonzalez Market, is proposing to modify an existing restaurant in a general retail use (Northgate Gonzalez Market) to increase its seating capacity from 33 seats to 70 seats, and add a new 16-seat, separate bar area, which would provide alcohol beverage sales and services under a Type 48 ABC license. This type of license, referred to as an "On-Sale General - Public Premises" license, is issued to bars and night clubs and authorizes the sale of beer, wine, and distilled spirits for consumption onsite and the sale of beer and wine for consumption offsite.
The subject general retail use is located at 1305 West Whittier Boulevard, within the La Habra Town Center shopping center. The shopping center comprises a 10.8-acre property comprised of multiple parcels at the northwest corner of the Whittier Boulevard and Idaho Street intersection. The parcel (APN 017-152-17) that contains the subject general retail use is outlined in blue in Exhibit 1 below (Project Site). The general retail use occupies a 40,722 square foot building located in the northeast corner of the shopping plaza.
Exhibit 1: Vicinity Map
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The Project Site is designated by the General Plan for Highway Commercial land use, which is characterized by commercial uses that need a large amount of land area and are primarily related to and dependent on the City’s main arterials for patronage and access (e.g., auto sales and service, motels, restaurants, service stations, and equipment rental). The Project Site is located within the Commercial (C-2) Zone, which implements the General Plan Highway Commercial land use designation. Pursuant to La Habra Municipal Code (LHMC) Chapter 18.06 (Zones Established - Zoning Map Boundaries and Land Uses), a general retail use is a permitted use within the C-2 Zone; however, restaurant and alcohol sales and service uses are subject to the approval of a Conditional Use Permit (CUP) by the Planning Commission.
The General Plan land use designation, zoning, and existing land use for the Project Site and each of the surrounding properties are summarized in Table 1 below:
As noted above, the Project Site is part of, and located in the northeast portion of, the La Habra Town Center. This shopping center was developed in 1978 with six buildings, identified in Exhibit 2 below, across four parcels (APN: 017-143-22, 017-143-23 017-152-16, and 017-152-17). These parcels share a reciprocal parking and access agreement with each other as well the La Habra Gateway shopping center to the east, which enables vehicular access from Idaho Street to the east, Whittier Boulevard to the South, and Hacienda Road to the west. Each building along with its respective tenancy details are summarized in Table 2 below. On December 15, 2016, the Planning Commission adopted Resolution No. 16-14, approving Design Review 16-05 to remodel the full facade of the La Habra Town Center shopping plaza.
Table 2: La Habra Town Center
Northgate Market (Building F), is separated from the vacant restaurant space in Building E by an open communal eating and gathering area known as Paseo Gonzalez (see Exhibit 2 below and Attachment 3).
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The Project Site is currently owned by and occupied by Northgate Gonzalez Market, a family-owned grocery store chain founded in 1980 that operates more than 40 stores across Southern California, focusing heavily on serving Hispanic communities. La Habra's Northgate Market operates as a "grocerant", which is a hybrid concept that combines grocery retail with a restaurant, offering freshly prepared, ready-to-eat meals within a grocery store setting. On the grocery retail side, Northgate Market features a carnicería with marinated meats, an in-house tortillería, a full-service bakery offering pan dulce and bolillos, a cocina with prepared Mexican dishes, extensive produce, and a seafood section.
In conjunction with Design Review 16-05 to remodel the full facade of the La Habra Town Center shopping plaza, the Planning Commission adopted Resolution No. 16-15, approving CUP 16-03, allowing a restaurant to operate within the grocery store (see Attachment 7). The restaurant is currently operating and offers a coffee/agua fresca bar, a taqueria counter, a hot foods/sandwiches counter, a seafood counter, a self-service deli area, and a dining area with 33 seats (see Exhibit 3 below and Attachment 4). Standard Condition 1.6 of Resolution No. 16-15 requires the restaurant to be developed and maintained in substantial conformance with the floorplan shown below.
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In addition, together with the above-mentioned Design Review and CUP, the Planning Commission adopted Resolution No. 16-16 (Attachment 8), approving CUP 16-04, allowing alcohol beverage sales and services under a Type 21 ABC License. This type of license is referred to as an Off-Sale General license, which authorizes retail stores to sell beer, wine and distilled spirits for consumption off the premises where these items are sold. Minors are allowed to be on the premises of stores with this type of license.
On February 27, 2017, the Planning Commission adopted Resolution No. 17-12 (Attachment 9), approving CUP 17-02, allowing alcohol beverage sales and services under a Type 86 ABC License. This type of license is an Instructional Tasting License, which allows the tasting of beer, wine and/or distilled spirits at off-sale licensed premises. The quantity and number of tastings that may be offered to consumers is limited. This license can only be held in conjunction with a qualified off-sale license. This license type is subject to Responsible Beverage Service (RBS) requirements and requires alcohol servers and managers of alcohol servers to be RBS certified.
On October 25, 2025, the Applicant submitted an application for MOD 25-0001 to CUP 16-03 to revise the plans approved in conjunction with the CUP to remove the self-service deli counters and replace the area with 16 new tables and 64 new chairs and add a new 400-square-foot bar area with 16 seats (see Exhibit 4 below and Attachment 5). The addition of the bar area will also reduce the existing seating count from 33 chairs to six chairs. The Applicant concurrently submitted an application for CUP 25-0016 to allow alcohol beverage sales and services, under a Type 48 ABC license. This type of license, referred to as an "On-Sale General - Public Premises" license, is issued to bars and night clubs and authorizes the sale of beer, wine, and distilled spirits for consumption onsite and the sale of beer and wine for consumption offsite This license prohibits minors from entering and remaining in the area where the liquor is sold, and food service is not required. This license type is subject to RBS requirements and ABC requires alcohol servers and managers of alcohol servers to be RBS certified.
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Exhibit 5: Bar Area
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The proposed sale of general alcohol under a Type 48 license would be confined to the new bar area, shown above in Exhibit 5, which would be a separate, gated area from the rest of the existing general retail use and proposed expanded restaurant. Customers would not be permitted to consume alcoholic beverages outside the gated bar area and minors would be prohibited from entering the gated bar area. The operating hours for the bar would be 10:00 a.m. to 10:00 p.m. daily, which is within the already approved hours of operation for the business.
ABC identifies the subject property as located within Census Tract 11.01, and recommends the issuance of a maximum of six on-sale licenses within the subject tract. As of November 2025, ABC has issued five licenses, as shown in Table 3 below. Therefore, the addition of the requested Type-48 ABC license at Northgate Market does not exceed the maximum and thus, there is no requirement for a finding of Public Convenience or Necessity to be made.
In addition to the Type-48 on-sale license being requested, the Applicant intends to retain the existing Type-21 license, which allows the sale of alcoholic beverages from the grocery store to be consumed offsite. ABC has also issued the following five licenses that permit the sale of alcohol for offsite consumption, referred to as "off-sale", within this census tract, as shown in Table 4 below. These licenses do not affect ABC's recommendation for on-sale licenses:
Table 4: Off-Sale ABC Licenses issued in Census Tract 11.01
The Applicant is aware that they must remain in compliance with the City's Noise Ordinance at all times, even with the addition of the bar, although no alcohol service is proposed beyond the gated bar area inside the restaurant. The City's noise standards, as perceived from adjacent residential properties, pursuant to LHMC Sections 9.32.050 and 9.32.060, are summarized in Tables 5 and 6 below. LHMC 9.32.080 specifies the same noise limits for affected schools, hospitals and churches. The LHMC does not prescribe any limitations on noises that affect non-residential uses, other than schools, hospitals and churches.
Table 5: Noise Standards - Exterior (at any point on the affected residential property)
Table 6: Noise Standards - Interior (measured within the affected residential unit)
Per Chapter 18.14 (Off-Street Parking) of the LHMC, the La Habra Town Center shopping center is required to provide a total of 434 parking spaces to be shared amongst all 18 tenants in the same shopping plaza. Currently, the shopping center provides a total of 518 parking spaces, which surpasses the minimum requirement by 84 spaces. According to the respective parking requirements for freestanding grocery stores (4 spaces per 1,000 SF) and restaurants (no bar) (10 spaces per 1,000 SF), 147 parking spaces are currently for use by the grocery store while 40 parking spaces are for use by the existing restaurant portion. As mentioned, the Applicant is proposing to add a 400-square-foot bar area within the existing restaurant portion. In accordance with the parking requirement for restaurants (with bar) (12 spaces per 1,000 SF), 5 parking spaces will be required for use by the restaurant (with bar) portion while 36 parking spaces will be for use by the restaurant (no bar) portion.
Because the LHMC requirement for parking spaces for restaurants is based on overall square footage as opposed to the number of seats provided, the required parking count for the restaurant area is not required to be adjusted due to the increase in available seats. Regardless, the current surplus of 84 parking spaces available on the site will accommodate the addition of 53 new seats within the restaurant area, for a total of 86 seats, as proposed. The subject general retail, restaurant, and alcohol sales and services uses will continue to comply with the development standards of the C-2 Zone, as identified in Table 6 below:
Table 6: Commercial (C-2) Development Standards
ANALYSIS:
Modification 25-0001 (to Conditional Use Permit 16-03)
The Applicant is requesting a modification (Modification 25-0001) to CUP 16-03 to increase its seating capacity from 33 seats to 70 seats, and add a new 16-seat, separate bar area. The Planning Commission must make the CUP findings pursuant to LHMC Section 18.66.040.B in order to approve the proposed Modification. Staff has provided justification in support of each of the required findings:
1. The proposed use will not be detrimental to the public welfare and will not unreasonably interfere with the use, possession and enjoyment of surrounding and adjacent properties and will not impair the character of the zone in which it is to be located.
The proposed Modification would increase the seating capacity in an existing restaurant within a general retail use (Northgate Gonzalez Market) from 33 seats to 70 seats, and add a new 16-seat, separate bar area. The proposed Modification is accommodated by removing self-service deli counters and does not increase the floor area used for parking calculations. Further, the La Habra Town Center shopping center offers 518 parking spaces, providing a surplus of 83 spaces over the minimum requirement of 435 spaces for the subject uses. Aside from the area being converted to a bar, which will increase the total required parking for the site from 434 spaces to 435 spaces, the significant surplus is deemed sufficient to accommodate the potential increase in demand resulting from the intensified use, thereby preventing unreasonable interference with surrounding properties due to parking or traffic impacts and maintaining the established character of the Commercial (C-2) Zone. Therefore, the proposed Modification will not be detrimental to the public welfare and will not unreasonably interfere with the use, possession, and enjoyment of surrounding and adjacent properties, and will not impair the character of the zone in which it is to be located.
2. The subject site is physically suitable for the type of land use being proposed.
The proposed Modification does not necessitate any modifications to the size of the existing building footprint. The proposal involves the internal modification of an existing 4,000-square-foot restaurant space within a 40,722-square-foot general retail use (Northgate Gonzalez Market), which is itself part of the established La Habra Town Center shopping center. The modification, which replaces self-service deli counters with additional seating and a bar, does not involve a physical expansion of the building footprint or the 4,000-square-foot floor area dedicated to the existing restaurant, thus maintaining the site's existing physical suitability for commercial and restaurant use. Furthermore, the site's ample parking, which provides 518 spaces and a surplus of 83 spaces over the minimum requirement of 435 spaces for the subject uses, ensures that the existing infrastructure can physically support the increased intensity of the restaurant's operation without requiring any external site modifications. Therefore, the subject site will continue to be physically suitable for the existing use, including the proposed Modification.
A restaurant and alcoholic beverage sales and services are subject to the approval of a CUP in the C-2 Zone. The proposed Modification would amend the floorplan of an existing restaurant area within a general retail use (Northgate Gonzalez Market) that will continue to comply with the development standards of the C-2 Zone, as identified in the Table below:
Commercial (C-2) Development Standards
Therefore, the proposed Modification is conditionally permitted within the C-2 Zone and complies with the intent of all applicable provisions of the Zoning Ordinance.
4. The proposed use is consistent with the comprehensive general plan.
The Project Site is designated by the General Plan for Highway Commercial land use, which is characterized by commercial uses that need a large amount of land area and are primarily related to and dependent on the City’s main arterials for patronage and access (e.g., auto sales and service, motels, restaurants, service stations, and equipment rental). The Project Site and its existing and proposed uses are consistent with the type of development contemplated by the General Plan for Highway Commercial land use. In addition, the proposed Modification is consistent with the Land Use policy identified below:
Conditional Use Permit (CUP 25-0016)
Pursuant to LHMC Section 18.66.040.B, in order to approve a CUP, the Planning Commission must make the findings listed below. Staff has provided justification in support of each of the required findings:
1. The proposed use will not be detrimental to the public welfare and will not unreasonably interfere with the use, possession and enjoyment of surrounding and adjacent properties and will not impair the character of the zone in which it is to be located.
The Applicant is requesting a CUP to allow alcohol beverage sales and services, under a Type 48 ABC license. The new 16-seat bar, requested as part of Modification 25-0001, for the onsite consumption of beer, wine, and spirits is an ancillary use fully contained within the indoor, 4,000-square foot restaurant space of a large commercial center, minimizing external impacts. The CUP includes standard Conditions of Approval, such as mandatory compliance with all State ABC regulations (including serving minors and intoxicated patrons), requirements for responsible beverage service (RBS) training for all staff, and limitations on hours of operation. By applying these specific conditions, the potential secondary effects, such as excessive noise or public nuisances, can be greatly reduced, ensuring the use remains compatible with the surrounding commercial zone.
Therefore, the proposed use will not be detrimental to the public welfare and will not unreasonably interfere with the use, possession and enjoyment of surrounding and adjacent properties and will not impair the character of the C-2 Zone in which it is to be located.
2. The subject site is physically suitable for the type of land use being proposed.
The alcohol beverage sales and services, under a Type-48 ABC license, will be limited to a 400-square-foot bar area that is secured by a perimeter gate and is located within the 4,000-square-foot restaurant space within the Northgate Market. Aside from the added requirement of one additional parking space, as mentioned, no changes are proposed to the subject tenant space that would affect the overall building size and/or site layout. Therefore, the subject site is physically suitable for the proposed use.
3. The use is conditionally permitted within the subject zone and complies with the intent of all applicable provisions of this title.
Pursuant to La Habra Municipal Code (LHMC) Chapter 18.06 (Zones Established - Zoning Map Boundaries and Land Uses), alcohol sales and service uses within the C-2 Zone are subject to the approval of a CUP by the Planning Commission. As detailed herein, staff have reviewed the Project plans and determined that the proposed alcohol sales and services comply with all applicable LHMC requirements.
Therefore, the use is conditionally permitted within the C-2 Zone and complies with the intent of all applicable provisions of the Zoning Ordinance.
4. The proposed use is consistent with the comprehensive general plan.
By authorizing the alcohol beverage sales and services, under a Type 48 ABC license, Northgate Market will be able to establish a full-service bar within the existing commercial center, which will enhance the range of dining and social amenities available locally. This enhancement makes the subject general retail use a more complete destination, reducing the need for residents to travel to neighboring communities for such services, thereby effectively capturing a greater share of local spending and reinforcing the General Plan's goal of fostering strong, comprehensive local commercial corridors. The granting of a CUP for alcohol sales and services for a Type 48 ABC License is consistent with the comprehensive General Plan as it will implement the following policies:
The subject general retail use is located at 1305 West Whittier Boulevard, within the La Habra Town Center shopping center. The shopping center comprises a 10.8-acre property comprised of multiple parcels at the northwest corner of the Whittier Boulevard and Idaho Street intersection. The parcel (APN 017-152-17) that contains the subject general retail use is outlined in blue in Exhibit 1 below (Project Site). The general retail use occupies a 40,722 square foot building located in the northeast corner of the shopping plaza.
Exhibit 1: Vicinity Map
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The Project Site is designated by the General Plan for Highway Commercial land use, which is characterized by commercial uses that need a large amount of land area and are primarily related to and dependent on the City’s main arterials for patronage and access (e.g., auto sales and service, motels, restaurants, service stations, and equipment rental). The Project Site is located within the Commercial (C-2) Zone, which implements the General Plan Highway Commercial land use designation. Pursuant to La Habra Municipal Code (LHMC) Chapter 18.06 (Zones Established - Zoning Map Boundaries and Land Uses), a general retail use is a permitted use within the C-2 Zone; however, restaurant and alcohol sales and service uses are subject to the approval of a Conditional Use Permit (CUP) by the Planning Commission.
The General Plan land use designation, zoning, and existing land use for the Project Site and each of the surrounding properties are summarized in Table 1 below:
Table 1: Project Site and Surrounding Properties
| Location | General Plan Designation | Zoning | Existing Land Use |
| Site: | Commercial Highway | Commercial (C-2) Zone | General Retail (Northgate Market) |
| North: | Low Density Residential | Single Unit Dwelling (R-1b) Zone | Church |
| East (across Idaho Street): |
Residential Multi-Family 1/ Commercial Highway | Multi-Unit Dwelling (R-4) Zone/ Commercial Residential (C-R) Zone/ C-2 Zone |
Telecommunications Company/ Multi-Unit Dwellings/ Drive-Through Restaurant |
| Southeast | Commercial Highway | C-2 Zone | Medical Office Building Drive-Through Restaurant |
| South (across Whittier Blvd) |
Commercial Highway | C-2 Zone Mixed-Use (MX) Overlay |
Shopping Center |
| West: | Neighborhood Commercial | C-2 Zone | Shopping Center (see below) |
As noted above, the Project Site is part of, and located in the northeast portion of, the La Habra Town Center. This shopping center was developed in 1978 with six buildings, identified in Exhibit 2 below, across four parcels (APN: 017-143-22, 017-143-23 017-152-16, and 017-152-17). These parcels share a reciprocal parking and access agreement with each other as well the La Habra Gateway shopping center to the east, which enables vehicular access from Idaho Street to the east, Whittier Boulevard to the South, and Hacienda Road to the west. Each building along with its respective tenancy details are summarized in Table 2 below. On December 15, 2016, the Planning Commission adopted Resolution No. 16-14, approving Design Review 16-05 to remodel the full facade of the La Habra Town Center shopping plaza.
Table 2: La Habra Town Center
| Number of Suites | Tenants | |
| Building A | 3 | 1) Wateria bottled water distribution 2) Sunny Hills barber shop 3) Vacant Suite (last occupied by T-Mobile) |
| Building B | 1 | Tierra Mia drive-thru coffee. |
| Building C | 1 | Jack in the Box |
| Building D | 1 | Providence St. Jude Medical Center |
| Building E | 11 | 1) Higo Sushi 2) La Habra Family Vision 3) Movita Juice Bar 4) Ray Fernandez Real Estate 5) CVS Pharmacy 6) The Crab Shack 7) KC Nails 8) Waba Grill 9) Yogurtland 10) LA’s Auto Insurance 11) Vacant Restaurant Space (last occupied by Smoke & Fire Social Eatery) |
| Building F | 1 | Northgate Gonzalez Market |
Northgate Market (Building F), is separated from the vacant restaurant space in Building E by an open communal eating and gathering area known as Paseo Gonzalez (see Exhibit 2 below and Attachment 3).
Exhibit 2: Site Plan
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The Project Site is currently owned by and occupied by Northgate Gonzalez Market, a family-owned grocery store chain founded in 1980 that operates more than 40 stores across Southern California, focusing heavily on serving Hispanic communities. La Habra's Northgate Market operates as a "grocerant", which is a hybrid concept that combines grocery retail with a restaurant, offering freshly prepared, ready-to-eat meals within a grocery store setting. On the grocery retail side, Northgate Market features a carnicería with marinated meats, an in-house tortillería, a full-service bakery offering pan dulce and bolillos, a cocina with prepared Mexican dishes, extensive produce, and a seafood section.
In conjunction with Design Review 16-05 to remodel the full facade of the La Habra Town Center shopping plaza, the Planning Commission adopted Resolution No. 16-15, approving CUP 16-03, allowing a restaurant to operate within the grocery store (see Attachment 7). The restaurant is currently operating and offers a coffee/agua fresca bar, a taqueria counter, a hot foods/sandwiches counter, a seafood counter, a self-service deli area, and a dining area with 33 seats (see Exhibit 3 below and Attachment 4). Standard Condition 1.6 of Resolution No. 16-15 requires the restaurant to be developed and maintained in substantial conformance with the floorplan shown below.
Exhibit 3: Existing Floorplan
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In addition, together with the above-mentioned Design Review and CUP, the Planning Commission adopted Resolution No. 16-16 (Attachment 8), approving CUP 16-04, allowing alcohol beverage sales and services under a Type 21 ABC License. This type of license is referred to as an Off-Sale General license, which authorizes retail stores to sell beer, wine and distilled spirits for consumption off the premises where these items are sold. Minors are allowed to be on the premises of stores with this type of license.
On February 27, 2017, the Planning Commission adopted Resolution No. 17-12 (Attachment 9), approving CUP 17-02, allowing alcohol beverage sales and services under a Type 86 ABC License. This type of license is an Instructional Tasting License, which allows the tasting of beer, wine and/or distilled spirits at off-sale licensed premises. The quantity and number of tastings that may be offered to consumers is limited. This license can only be held in conjunction with a qualified off-sale license. This license type is subject to Responsible Beverage Service (RBS) requirements and requires alcohol servers and managers of alcohol servers to be RBS certified.
On October 25, 2025, the Applicant submitted an application for MOD 25-0001 to CUP 16-03 to revise the plans approved in conjunction with the CUP to remove the self-service deli counters and replace the area with 16 new tables and 64 new chairs and add a new 400-square-foot bar area with 16 seats (see Exhibit 4 below and Attachment 5). The addition of the bar area will also reduce the existing seating count from 33 chairs to six chairs. The Applicant concurrently submitted an application for CUP 25-0016 to allow alcohol beverage sales and services, under a Type 48 ABC license. This type of license, referred to as an "On-Sale General - Public Premises" license, is issued to bars and night clubs and authorizes the sale of beer, wine, and distilled spirits for consumption onsite and the sale of beer and wine for consumption offsite This license prohibits minors from entering and remaining in the area where the liquor is sold, and food service is not required. This license type is subject to RBS requirements and ABC requires alcohol servers and managers of alcohol servers to be RBS certified.
Exhibit 4: Proposed Floorplan
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Exhibit 5: Bar Area
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The proposed sale of general alcohol under a Type 48 license would be confined to the new bar area, shown above in Exhibit 5, which would be a separate, gated area from the rest of the existing general retail use and proposed expanded restaurant. Customers would not be permitted to consume alcoholic beverages outside the gated bar area and minors would be prohibited from entering the gated bar area. The operating hours for the bar would be 10:00 a.m. to 10:00 p.m. daily, which is within the already approved hours of operation for the business.
ABC identifies the subject property as located within Census Tract 11.01, and recommends the issuance of a maximum of six on-sale licenses within the subject tract. As of November 2025, ABC has issued five licenses, as shown in Table 3 below. Therefore, the addition of the requested Type-48 ABC license at Northgate Market does not exceed the maximum and thus, there is no requirement for a finding of Public Convenience or Necessity to be made.
Table 3: On-Sale ABC Licenses issued in Census Tract 11.01
| Address | Business Name | Status | Type |
| 1305 West Whittier Blvd | Northgate Gonzalez Market | Active | Type 86 – beer, wine, & spirits sampling |
| 1651 West Whittier Blvd | Ostioneria Colima | Active | Type 41 – beer & wine |
| 1367 West Whittier Blvd | The Crab Shack | Active | Type 41 – beer & wine |
| 2429 West Whittier Blvd | Blackjack Pizzeria | Active | Type 41 – beer & wine |
| 1451 West Whittier Blvd | Higo Sushi | Active | Type 41 – beer & wine |
In addition to the Type-48 on-sale license being requested, the Applicant intends to retain the existing Type-21 license, which allows the sale of alcoholic beverages from the grocery store to be consumed offsite. ABC has also issued the following five licenses that permit the sale of alcohol for offsite consumption, referred to as "off-sale", within this census tract, as shown in Table 4 below. These licenses do not affect ABC's recommendation for on-sale licenses:
Table 4: Off-Sale ABC Licenses issued in Census Tract 11.01
| Address | Business Name | Status | Type |
| 1387 West Whittier Blvd | CVS Pharmacy | Active | Type 21 – beer, wine, & spirits |
| 545 West Whittier Blvd | Gold 7 Liquor | Active | Type 21 – beer, wine, & spirits |
| 2001 West Whittier Blvd | Grocery Outlet | Active | Type 21 – beer, wine, & spirits |
| 1305 West Whittier Blvd | Northgate Market | Active | Type 21 – beer, wine, & spirits |
| 2051 West Whittier Blvd | EZ Day Liquor & Market | Active | Type 21 – beer, wine, & spirits |
The Applicant is aware that they must remain in compliance with the City's Noise Ordinance at all times, even with the addition of the bar, although no alcohol service is proposed beyond the gated bar area inside the restaurant. The City's noise standards, as perceived from adjacent residential properties, pursuant to LHMC Sections 9.32.050 and 9.32.060, are summarized in Tables 5 and 6 below. LHMC 9.32.080 specifies the same noise limits for affected schools, hospitals and churches. The LHMC does not prescribe any limitations on noises that affect non-residential uses, other than schools, hospitals and churches.
Table 5: Noise Standards - Exterior (at any point on the affected residential property)
| Maximum Noise Level | Time Period |
| 55 dB | 7:00 a.m.—10:00 p.m. |
| 50 dB | 10:00 p.m.—7:00 a.m. |
Table 6: Noise Standards - Interior (measured within the affected residential unit)
| Maximum Noise Level | Time Period |
| 55 dB | 7:00 a.m.—10:00 p.m. |
| 45 dB | 10:00 p.m.—7:00 a.m. |
Per Chapter 18.14 (Off-Street Parking) of the LHMC, the La Habra Town Center shopping center is required to provide a total of 434 parking spaces to be shared amongst all 18 tenants in the same shopping plaza. Currently, the shopping center provides a total of 518 parking spaces, which surpasses the minimum requirement by 84 spaces. According to the respective parking requirements for freestanding grocery stores (4 spaces per 1,000 SF) and restaurants (no bar) (10 spaces per 1,000 SF), 147 parking spaces are currently for use by the grocery store while 40 parking spaces are for use by the existing restaurant portion. As mentioned, the Applicant is proposing to add a 400-square-foot bar area within the existing restaurant portion. In accordance with the parking requirement for restaurants (with bar) (12 spaces per 1,000 SF), 5 parking spaces will be required for use by the restaurant (with bar) portion while 36 parking spaces will be for use by the restaurant (no bar) portion.
Because the LHMC requirement for parking spaces for restaurants is based on overall square footage as opposed to the number of seats provided, the required parking count for the restaurant area is not required to be adjusted due to the increase in available seats. Regardless, the current surplus of 84 parking spaces available on the site will accommodate the addition of 53 new seats within the restaurant area, for a total of 86 seats, as proposed. The subject general retail, restaurant, and alcohol sales and services uses will continue to comply with the development standards of the C-2 Zone, as identified in Table 6 below:
Table 6: Commercial (C-2) Development Standards
| Development Standard | Required | Existing/Proposed |
| Front Setback (min) | 15 Feet | 245 Feet |
| Street-side Setback (min) | 10 Feet | 183 Feet |
| Interior Side Setback (min) | 0 Feet | 31 Feet |
| Rear Setback (min) | 20 Feet | 24 Feet |
| Building Height (max) | 4 Stories / 50 Feet | 1 Story / 42 Feet |
| Parking (min) | 435 Spaces | 518 Spaces |
ANALYSIS:
Modification 25-0001 (to Conditional Use Permit 16-03)
The Applicant is requesting a modification (Modification 25-0001) to CUP 16-03 to increase its seating capacity from 33 seats to 70 seats, and add a new 16-seat, separate bar area. The Planning Commission must make the CUP findings pursuant to LHMC Section 18.66.040.B in order to approve the proposed Modification. Staff has provided justification in support of each of the required findings:
1. The proposed use will not be detrimental to the public welfare and will not unreasonably interfere with the use, possession and enjoyment of surrounding and adjacent properties and will not impair the character of the zone in which it is to be located.
The proposed Modification would increase the seating capacity in an existing restaurant within a general retail use (Northgate Gonzalez Market) from 33 seats to 70 seats, and add a new 16-seat, separate bar area. The proposed Modification is accommodated by removing self-service deli counters and does not increase the floor area used for parking calculations. Further, the La Habra Town Center shopping center offers 518 parking spaces, providing a surplus of 83 spaces over the minimum requirement of 435 spaces for the subject uses. Aside from the area being converted to a bar, which will increase the total required parking for the site from 434 spaces to 435 spaces, the significant surplus is deemed sufficient to accommodate the potential increase in demand resulting from the intensified use, thereby preventing unreasonable interference with surrounding properties due to parking or traffic impacts and maintaining the established character of the Commercial (C-2) Zone. Therefore, the proposed Modification will not be detrimental to the public welfare and will not unreasonably interfere with the use, possession, and enjoyment of surrounding and adjacent properties, and will not impair the character of the zone in which it is to be located.
2. The subject site is physically suitable for the type of land use being proposed.
The proposed Modification does not necessitate any modifications to the size of the existing building footprint. The proposal involves the internal modification of an existing 4,000-square-foot restaurant space within a 40,722-square-foot general retail use (Northgate Gonzalez Market), which is itself part of the established La Habra Town Center shopping center. The modification, which replaces self-service deli counters with additional seating and a bar, does not involve a physical expansion of the building footprint or the 4,000-square-foot floor area dedicated to the existing restaurant, thus maintaining the site's existing physical suitability for commercial and restaurant use. Furthermore, the site's ample parking, which provides 518 spaces and a surplus of 83 spaces over the minimum requirement of 435 spaces for the subject uses, ensures that the existing infrastructure can physically support the increased intensity of the restaurant's operation without requiring any external site modifications. Therefore, the subject site will continue to be physically suitable for the existing use, including the proposed Modification.
3. The use is conditionally permitted within the subject zone and complies with the intent of all applicable provisions of this title.
A restaurant and alcoholic beverage sales and services are subject to the approval of a CUP in the C-2 Zone. The proposed Modification would amend the floorplan of an existing restaurant area within a general retail use (Northgate Gonzalez Market) that will continue to comply with the development standards of the C-2 Zone, as identified in the Table below:
Commercial (C-2) Development Standards
| Development Standard | Required | Existing/Proposed |
| Front Setback (min) | 15 Feet | 245 Feet |
| Street-side Setback (min) | 10 Feet | 183 Feet |
| Interior Side Setback (min) | 0 Feet | 31 Feet |
| Rear Setback (min) | 20 Feet | 24 Feet |
| Building Height (max) | 4 Stories / 50 Feet | 1 Story / 42 Feet |
| Parking (min) | 435 Spaces | 518 Spaces |
Therefore, the proposed Modification is conditionally permitted within the C-2 Zone and complies with the intent of all applicable provisions of the Zoning Ordinance.
4. The proposed use is consistent with the comprehensive general plan.
The Project Site is designated by the General Plan for Highway Commercial land use, which is characterized by commercial uses that need a large amount of land area and are primarily related to and dependent on the City’s main arterials for patronage and access (e.g., auto sales and service, motels, restaurants, service stations, and equipment rental). The Project Site and its existing and proposed uses are consistent with the type of development contemplated by the General Plan for Highway Commercial land use. In addition, the proposed Modification is consistent with the Land Use policy identified below:
- LU 11.1: Diversity of Uses: Provide for and encourage the development of a broad range of uses in La Habra’s commercial centers and corridors that reduce the need to travel to adjoining communities, and capture a greater share of local spending.
- Approval of the proposed Modification to modify an existing restaurant in a general retail use (Northgate Gonzalez Market) to increase its seating capacity from 33 seats to 70 seats, and add a new 16-seat, separate bar area, which, provided the Planning Commission approves CUP 25-0016, would provide alcohol beverage sales and services under a Type 48 ABC License and would enhance the existing establishment's function from basic dining to a more diverse, elevated local-serving restaurant and social venue with freshly prepared meals and beverage options. This greater diversity of uses at a single location makes the La Habra Town Center a more attractive and comprehensive destination. Consequently, residents can address both their grocery shopping and dining/socializing needs locally, which directly contributes to reducing the need to travel to adjoining communities and helps capture a greater share of local spending.
Conditional Use Permit (CUP 25-0016)
Pursuant to LHMC Section 18.66.040.B, in order to approve a CUP, the Planning Commission must make the findings listed below. Staff has provided justification in support of each of the required findings:
1. The proposed use will not be detrimental to the public welfare and will not unreasonably interfere with the use, possession and enjoyment of surrounding and adjacent properties and will not impair the character of the zone in which it is to be located.
The Applicant is requesting a CUP to allow alcohol beverage sales and services, under a Type 48 ABC license. The new 16-seat bar, requested as part of Modification 25-0001, for the onsite consumption of beer, wine, and spirits is an ancillary use fully contained within the indoor, 4,000-square foot restaurant space of a large commercial center, minimizing external impacts. The CUP includes standard Conditions of Approval, such as mandatory compliance with all State ABC regulations (including serving minors and intoxicated patrons), requirements for responsible beverage service (RBS) training for all staff, and limitations on hours of operation. By applying these specific conditions, the potential secondary effects, such as excessive noise or public nuisances, can be greatly reduced, ensuring the use remains compatible with the surrounding commercial zone.
Therefore, the proposed use will not be detrimental to the public welfare and will not unreasonably interfere with the use, possession and enjoyment of surrounding and adjacent properties and will not impair the character of the C-2 Zone in which it is to be located.
2. The subject site is physically suitable for the type of land use being proposed.
The alcohol beverage sales and services, under a Type-48 ABC license, will be limited to a 400-square-foot bar area that is secured by a perimeter gate and is located within the 4,000-square-foot restaurant space within the Northgate Market. Aside from the added requirement of one additional parking space, as mentioned, no changes are proposed to the subject tenant space that would affect the overall building size and/or site layout. Therefore, the subject site is physically suitable for the proposed use.
3. The use is conditionally permitted within the subject zone and complies with the intent of all applicable provisions of this title.
Pursuant to La Habra Municipal Code (LHMC) Chapter 18.06 (Zones Established - Zoning Map Boundaries and Land Uses), alcohol sales and service uses within the C-2 Zone are subject to the approval of a CUP by the Planning Commission. As detailed herein, staff have reviewed the Project plans and determined that the proposed alcohol sales and services comply with all applicable LHMC requirements.
Therefore, the use is conditionally permitted within the C-2 Zone and complies with the intent of all applicable provisions of the Zoning Ordinance.
4. The proposed use is consistent with the comprehensive general plan.
By authorizing the alcohol beverage sales and services, under a Type 48 ABC license, Northgate Market will be able to establish a full-service bar within the existing commercial center, which will enhance the range of dining and social amenities available locally. This enhancement makes the subject general retail use a more complete destination, reducing the need for residents to travel to neighboring communities for such services, thereby effectively capturing a greater share of local spending and reinforcing the General Plan's goal of fostering strong, comprehensive local commercial corridors. The granting of a CUP for alcohol sales and services for a Type 48 ABC License is consistent with the comprehensive General Plan as it will implement the following policies:
- ED 1.1: Consumer Demand: Explore opportunities to increase the competitive role of the City’s retail sector to serve both the community and the larger base of consumers in surrounding communities.
- The sale of alcoholic beverages under a Type 48 ABC license enhances the Northgate Market restaurant from a standard eatery to an elevated dining and social destination. This enhancement caters to a broader base of consumer demand for a more comprehensive and sophisticated experience than currently offered. By providing a higher-tier amenity within La Habra, the Project helps capture local spending that might otherwise leave the City for surrounding communities, making La Habra's commercial corridor more competitive.
- ED 2.1: Business Attraction: Attract national-brand and proven local area businesses that provide fiscal and employment benefits for the City.
- The approval of alcoholic beverage sales under a Type-48 ABC license supports the retention and enhancement of a proven business in La Habra that provides significant fiscal and employment benefits for the City. The current brand for the subject general retail use, Northgate Gonzalez Market, is a well-established, major regional brand that serves as a cornerstone of the La Habra Town Center. By approving the request to add a bar to the existing restaurant, the City is supporting the brand's investment in upgrading its amenity mix, which increases the store's revenue-generating potential and solidifies its long-term presence in the community. Furthermore, the enhanced restaurant and bar area is likely to require additional staffing, contributing positively to employment benefits for City residents.
FISCAL IMPACT/SOURCE OF FUNDING:
The Applicant has paid for the processing costs associated with the Modification and the Conditional Use Permit, which total $11,625.00.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES):
The Applicant’s proposal has been reviewed pursuant to the requirements of the City’s National Pollutant Discharge Elimination System (NPDES) Municipal Permit, the Local Implementation Plan (LIP), and the Model Water Quality Management Plan (WQMP), Section 7.2. Since no disturbance of soil will occur, the project is exempted by the Water Quality Ordinance from the preparation of a WQMP.
GENERAL PLAN RELEVANCE/CITY COUNCIL GOALS & OBJECTIVES:
The project is consistent with the following General Plan policies:
- LU 11.1: Diversity of Uses: Provide for and encourage the development of a broad range of uses in La Habra’s commercial centers and corridors that reduce the need to travel to adjoining communities, and capture a greater share of local spending.
- Approval of the proposed Modification to modify an existing restaurant in a general retail use (Northgate Gonzalez Market) to increase its seating capacity from 33 seats to 70 seats, and add a new 16-seat, separate bar area, which, provided the Planning Commission approves CUP 25-0016, would provide alcohol beverage sales and services under a Type 48 ABC License and would enhance the existing establishment's function from basic dining to a more diverse, elevated local-serving restaurant and social venue with freshly prepared meals and beverage options. This greater diversity of uses at a single location makes the La Habra Town Center a more attractive and comprehensive destination. Consequently, residents can address both their grocery shopping and dining/socializing needs locally, which directly contributes to reducing the need to travel to adjoining communities and helps capture a greater share of local spending.
- ED 1.1: Consumer Demand: Explore opportunities to increase the competitive role of the City’s retail sector to serve both the community and the larger base of consumers in surrounding communities.
- The sale of alcoholic beverages under a Type 48 ABC license enhances the Northgate Market restaurant from a standard eatery to an elevated dining and social destination. This enhancement caters to a broader base of consumer demand for a more comprehensive and sophisticated experience than currently offered. By providing a higher-tier amenity within La Habra, the Project helps capture local spending that might otherwise leave the City for surrounding communities, making La Habra's commercial corridor more competitive.
- ED 2.1: Business Attraction: Attract national-brand and proven local area businesses that provide fiscal and employment benefits for the City.
- The approval of alcoholic beverage sales under a Type-48 ABC license supports the retention and enhancement of a proven business in La Habra that provides significant fiscal and employment benefits for the City. The current brand for the subject general retail use, Northgate Gonzalez Market, is a well-established, major regional brand that serves as a cornerstone of the La Habra Town Center. By approving the request to add a bar to the existing restaurant, the City is supporting the brand's investment in upgrading its amenity mix, which increases the store's revenue-generating potential and solidifies its long-term presence in the community. Furthermore, the enhanced restaurant and bar area is likely to require additional staffing, contributing positively to employment benefits for City residents.
The project is consistent with the following City Council goals and objectives:
- Goal 5: Development Activity and Business Assistance
- Objective C: Work closely with commercial and residential property owners to improve and maintain the appearance of their properties.
- Objective D: Continue to improve the City's business retention and expansion program.
- Objective E: Continue to evaluate and improve the City’s development review process and continue to foster a “business-friendly” environment within all City departments.
Attachments
- 1. PC Resolution No. 25-27
- 2. Vicinity Map
- 3. Site Plan
- 4. Existing Floorplan
- 5. Proposed Floorplan
- 6. Bar Area
- 7. PC Resolution No. 16-15
- 8. PC Resolution No. 16-16
- 9. PC Resolution No. 17-12