#87 COUNTY OF SACRAMENTO CALIFORNIA. For the Agenda of: December 10, 2013 Time: 10:15 a.m. Board of Supervisors. Department of Community Development

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1 COUNTY OF SACRAMENTO CALIFORNIA #87 For the Agenda of: December 10, 2013 Time: 10:15 a.m. To: From: Board of Supervisors Department of Community Development Subject: PLNP Dollar General Store # ABC License Hearing To Determine Whether Public Convenience Would Be Served By Issuance Of A Liquor License To Dollar General Store Located At 5705 Hillsdale Boulevard, Sacramento, CA Applicant: Dolgen California LLC 100 Mission Ridge Goodlettsville, TN Attention: Valerie James Agent: Holloway Land Company 442 Pico Way Sacramento, CA Attention: Brian Holloway Location: Dollar General Store 5705 Hillsdale Boulevard Sacramento, CA License: Type 20 Beer and Wine Census Tract: Zoning: Shopping Center (SC) Supervisorial District(s): Peters Contact: Manuel Mejia, Senior Planner, Overview The Board of Supervisors (Board) hears requests for public convenience/necessity (PCN) applications for liquor licenses within the unincorporated area, prior to issuance of a license by the State Department of Alcoholic Beverage Control (ABC) if the site is located within an overconcentrated census tract or a specified high crime reporting district. The applicant requests a Beer and Wine (Type 20) Liquor License at the Dollar General Store located on the west side of Hillsdale Boulevard approximately 500 feet south of Walerga Road. The site is located in a census tract that is over concentrated for Off-Sale liquor licenses (Type 20 and Type 21) as set by ABC. At the present time there are four off-sale liquor licenses issued in the main census tract. The site is located in a sector designated as high crime by the Sheriff s Department (Sheriff), based on 2010 crime statistics. The Sheriff will withdraw its opposition if all the conditions listed in its letter dated October 8, 2013 (Attachment 1) are met. The North Highlands Community Planning Advisory Council (CPAC) recommends approval. Recommendation Make a Finding of Public Convenience for a Type 20 liquor license for Dollar General Store located at 4705 Hillsdale Boulevard, Sacramento, CA. Measures/Evaluation The success of this decision can be measured by applying standard conditions for operations.

2 PLNP Dollar General Store #14727 ABC License Hearing To Determine Whether Public Convenience Would Be Served By Issuance Of A Liquor License To Dollar General Market, Located At 5705 Hillsdale Boulevard, Sacramento, CA Page 2 Fiscal Impact Costs are covered by application fees. BACKGROUND The applicant comes to the County pursuant to the provisions of the Business and Professions Code Sections and , which provide that the ABC shall deny an application for an on-sale/off-sale license if issuance of that license would tend to create a law enforcement problem, or if issuance would result in or add to an undue concentration of licenses. The present formula for determining excess licenses within the same census tract is based upon one on-sale license per population of 947 within the census tract and one off-sale license per population of 1,524 within the census tract. The Board has adopted a process for receiving applications, noticing of a public hearing by the Clerk and review of the applications. This process, as specified by the State, requires a letter from the Sheriff to be sent within 15 days that typically requests standard conditions be applied. The Board s findings of Convenience are based on these standard conditions which will be applied by ABC on the license. Dollar General Stores are new to the Sacramento region; however, there are 10,700 stores in 40 states. They are considered the nation s largest small-box retailer. Dollar General is considered a Fortune 200 company and contrary to the name of the store, merchandise does not sell for just a dollar, in fact prices are similar to other retailers. This store is the second in the North Highlands community and has been open for months. There is another proposed store (2.7 miles to the northeast) that is also seeking a PCN and will be before the Board of Supervisors in January of DISCUSSION Dollar General is applying for an Off-Sale Beer and Wine (Type 20) license at its current location at 4705 Hillsdale Boulevard. The store is located in a shopping center at the southwest corner of Hillsdale Boulevard and Walerga Road in the North Highlands Community (Attachment 2). Dollar General s justification letter (Attachment 3) for the PCN is attached. The store is 11,000 square feet in area and would be subject to a new ordinance change that is currently being reviewed by the Board of Supervisors requiring a conditional use permit for establishments that sell liquor that have a square footage of 12,000 square feet or less and less than 10 percent of their shelving for alcohol beverages. The subject parcel is zoned Shopping Center (SC) which allows supermarkets by right per Section , I(14) of the Sacramento County Zoning Code. Planning staff conducted a site visit and photos were taken of the project location as well as other existing businesses with off sale Type 20 and 21 licenses within the same Census Tract and those within a one-mile radius of the project site (Attachment 4). Analysis related to over-concentration. The requested license location is within Census Tract (Attachment 5). Based on the population standard at the time of application, this census tract permits three off-sale licenses while there are currently four off-sales licenses issued by ABC in this census tract. If the requested license is issued and granted, then the census tract continues to be over-concentrated. In addition to the standard analysis by census tract, staff included a map

3 PLNP Dollar General Store #14727 ABC License Hearing To Determine Whether Public Convenience Would Be Served By Issuance Of A Liquor License To Dollar General Market, Located At 5705 Hillsdale Boulevard, Sacramento, CA Page 3 showing all Type 20 and Type 21 licenses within a one-mile radius. There are a total of 16 establishments that sell alcohol in this radius, nine Type 20 and seven Type 21. Of the 16 stores that sell off-sales alcohol, seven of them are located across Highway 80. Furthermore, the clustering of the existing off-sale liquor establishments in the main census tract can be attributed to the surrounding census tracts being made up mostly of residentially zoned properties with little to no commercial zoning. Analysis related to crime. State law requires that if a liquor license is proposed to be located within a crime reporting district which exceeds the average for all such reporting districts within the jurisdiction by 20 percent, a finding of public convenience is required from the local governing entity. At the time the application was filed, Census Tract is shown as a high crime area based on the Sheriff s 2010 crime maps. Dollar General Store has a security program and the store is intended to provide a safe environment for patrons and employees. A few of the design standards to insure the safety include: the building has a number of windows so the interior of the store is visible from the outside. Adequate lighting in both the interior and exterior of the store; employee supervision of the facility; closed circuit video monitoring system with cameras located strategically throughout the store and the property; and a well-lit parking lot in conjunction with the rest of the tenants in the center. Furthermore, Dollar General maintains a strict policy prohibiting the consumption of alcohol on the premises and loitering. Following are additional comments and recommendations: A. Community Planning Advisory Council (CPAC): This application was referred to the North Highlands CPAC and heard on August 27, Planning staff and the applicant both gave presentations. The members were advised that Dollar Tree is new to the Sacramento Region and it is the nation s largest small-box discount retailer. They plan to work closely with the Sheriff and the community. The CPAC members voted (absent) to recommend approval to the Board (Attachment 6). B. Environmental Management Department - Environmental Health Division: The Environmental Health Division had no negative comments about this application, nor any recorded history of problems with the applicant. C. Treasurer-Tax Collector - Business Licensing Division: The business does have an active business license (GNB ). D. Sheriff's Department: The Sheriff s letter, dated October 8, 2013 (Attachment 1), was requested by the applicant prior to submittal for a PCN with the Planning Division. The Sheriff agreed to withdraw its opposition if the applicant agreed to the set conditions listed in the Sheriff s letter. The applicant has agreed to the conditions, including but not limited to, ending the sale of alcohol at 10 p.m. CONCLUSION Dollar General is located at 4705 Hillsdale Boulevard. Board approval of a PCN application is necessary due to over concentration and high crime. The Sheriff recommends withdrawal of its opposition if standard conditions are placed on the license. The applicant is in agreement with all conditions listed on the Sheriff s letter. The CPAC has recommended approval and its comments are attached. Staff believes that the addition of a large format national chain store with proven

4 PLNP Dollar General Store #14727 ABC License Hearing To Determine Whether Public Convenience Would Be Served By Issuance Of A Liquor License To Dollar General Market, Located At 5705 Hillsdale Boulevard, Sacramento, CA Page 4 security measures and less than 10 percent of its shelving space devoted to alcohol will be a benefit to the overall neighborhood and will be a complimentary tenant in the shopping center. Staff, therefore, recommends approval of this application for a Finding of Public Convenience. MEASURES/EVALUATION The success of this decision can be measured by applying standards conditions for operations. FISCAL IMPACT Costs are covered by application fees. Respectfully submitted, APPROVED: BRADLEY J. HUDSON County Executive LORI A. MOSS, Director Department of Community Development By: ROBERT B. LEONARD Chief Deputy County Executive Attachments: ATT 1 - Sheriff s Condition Letter ATT 2 - Project Photos ATT 3 - Letter of Justification ATT 4 - One-mile Radius Map ATT 5 - Census Tract ATT 6 - CPAC Referral Letter

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7 Agenda of June 12, 2012 BOS Attachment 2 ATTACHMENT 5 Page 1 of 0f 1 1. Dollar General Store from the air 2. Dollar General Store 5705 Hillsdale Boulevard CONTEXT PHOTOS CONTROL #: PLNP Dollar General (Hillsdale Store) 5705 Hillsdale Boulevard PARCEL NO.: DATE:

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