STAFF REPORT
Meeting Date: July 2, 2024
To: Honorable Mayor & City Council
From: Chloe Chen, Senior Planner
Masa Alkire, AICP, City Planner/Assistant Director of Community Development
Subject: Proposed Retail Queueing Permitting Process
Attachments: 1. Draft Retail Queueing Compliance Form
INTRODUCTION
Staff seeks City Council direction on a proposed procedure to allow retail queueing in the public right-of-way (sidewalk area) within the commercial business triangle area of the city.
The report includes a summary of how the permitting process to allow retail queueing installations on an ongoing basis would be implemented.
DISCUSSION
Retail queueing was permitted under the temporary OpenBH program to allow businesses to control the flow of customers by setting up queues outside a business entrance on the sidewalk. Most often, these queues were set up with stanchions to ensure an orderly queueing process. With the end of the temporary OpenBH program, the City has recognized the need to create and implement a procedure to allow these types of installations on an ongoing basis. Several businesses, especially those with luxury goods, have expressed a desire to maintain retail queueing operations to both maintain an exclusive retail experience, and address security concerns by limiting the flow of patrons into the establishment. In addition, prior to the temporary OpenBH program, it is common for queues to naturally form outside businesses that are popular since stores must limit the number of people allowed within the space at one time, especially during a sale or special event. Without the use of stanchions or a queueing process, this may lead to disorderly loitering or groups of people blocking or impeding the pedestrian walkway on the sidewalk.
Beverly Hills Municipal Code (“BHMC”) §8-3-4 states that the transportation/engineering official has the authority to act upon and issue permits under the criteria set forth in BHMC §8-3-61 for certain types of encroachments. This includes “minor encroachments for 1 BHMC §8-3-6 provides criteria for issuance of an encroachment permit: “A. The encroachment use for which the permit is requested is necessary or desirable; B. The encroachment use does not create a substantial adverse impact on persons or property; C. The encroachment use does not adversely affect the public health, welfare, and safety.”
Meeting Date: July 2, 2024
objects or materials which are not affixed to real property, including, but not limited to, ornamentation, flower containers, and other encroachments not regulated by permits issued under chapter 2 of this title.” In addition, BHMC §8-3-14 provides the transportation/engineering official the authority to issue rules and regulations for implementation of this regulation. Retail queueing can be considered a “minor encroachment permit”, and the City can create requirements, apply conditions, and issue permits for a limited period of time for queuing installations as these types of encroachment permits meet the criteria set forth in BHMC §8-3-6.
Staff has developed a “Retail Queueing Compliance Form” (Attachment 1), which sets forth the applicable requirements for a retail queueing installation, and a submittal checklist that must be met for the issuance of the encroachment permit. The requirements include the following:
• Fixtures must be freestanding, moveable stanchions comprised of rope or belt and a base.
• Queues must be located directly in front of the storefront served. • Minimum walkway and door clearances must be maintained. • Queuing areas must be kept clean and queuing fixtures must be removed from the right-of-way when the business is closed.
Similar to the open air dining process, an encroachment agreement would be required to be submitted to the City for review and approval. The City would also require a liability insurance policy from the business that indemnifies the City from liability for potential injury.
Staff has developed a proposed process by which to review and issue an encroachment permit for retail queueing, which would be issued at the public counter once all submittal requirements are met and the materials are checked for compliance with proposed standards. This process would also require that the business owner report any sidewalk maintenance issues to the City for repair, and the permit would be active for a one-year period, tied to the expiration date of the business’s insurance policy. The permit may be renewed upon providing proof of an active insurance policy. Community Preservation staff would be responsible for inspecting installations and responding to any complaints submitted.
FISCAL IMPACT
The proposed permitting process for retail queueing would be subject to the permitting fees set forth in the Comprehensive Schedule of Fees and Taxes for Fiscal Year (FY) 2024-25. The fee revenue would offset the cost of staff time and resources required to review and issue the permits.
RECOMMENDATION
Staff recommends the City Council provide any direction or feedback as appropriate regarding the proposed requirements and permitting process for retail queuing.
Michael Forbes, AICP,
Director of Community Development
Approved By
Attachment 1
Draft Retail Queueing Compliance Form
City of Beverly Hills
Community Development Department
www.beverlyhills.org/contactplanning
Retail Queueing Compliance Form
The City of Beverly Hills allows the temporary placement of portable queueing furniture (pursuant to BHMC §8-3-4) on the public sidewalk, subject to the following standards. A permit for a retail queueing installation may be issued at the Development Services Permit Center at City Hall 455 N. Rexford Drive, Beverly Hills, CA 90210.1
Retail Queueing Standards: Any retail queueing installation must comply with the following standards.
Retail Queueing:
o The only type of temporary installation allowed for retail queueing is free-standing, moveable stanchions (comprised of rope or belt and base) that do not require additional support structures and include a weighted base to prevent tipping. o The stanchion base shall be no more than 42” in height. o Ropes and belts attached to the bases shall be retractable and/or removable. Location:
o The business must be located within the Business Triangle, defined as: the area of the City of Beverly Hills bounded by the centerline of Wilshire Boulevard to the south, the centerline of Santa Monica Boulevard (south roadway) to the north and west, and the centerline of the alley between Cañon Drive and Crescent Drive to the east.
o Stanchions may only be located along the length of the associated business sidewalk frontage (the area parallel to the public sidewalk, along the storefront façade). They must not encroach into an adjacent business’s frontage. The use of masking tape or other similar temporary fixture to delineate the queueing area on the sidewalk is not permitted.
o The queueing area in which people may stand on the sidewalk may not exceed a maximum width of 4’ clear (parallel to the associated storefront). The area shall not block the doorway or the maneuvering clearance of any door. o The stanchion installation must allow a minimum 6-foot clearance on the adjacent public sidewalk (right-of-way) at all times, regardless of whether the stanchion is located on private or public property (or both). The 6-foot clearance shall be measured from any other fixed sidewalk obstruction (including, but not limited to curbs, tree wells, street trees, parking meters, water hydrants, light poles, utility 1 City Hall Hours: Monday - Thursday; 7:30am to 5:30pm & 8am to 5pm on Friday; Counter Walk-In Services:
Monday - Thursday; 8:00am to 10:00am; Counter Appointments: Monday - Thursday (afternoons) & Friday (all day). Please see:
https://www.beverlyhills.org/departments/communitydevelopment/developmentservicespermitcenter/ DRAFT
equipment boxes, newspaper racks, and bus benches) to the closest edge of the stanchion.
Operation:
o Stanchions must be stored inside private property when the associated business is closed. Stanchions are not permitted to remain on the public sidewalk during hours when the associated business is not open to the public. o Only single-file lines are permitted.
o Business operator/permittee shall inform the City if there are issues on the sidewalk that require repair or may present hazards.
o Business operator/permittee shall keep retail queueing areas clean and maintain them free of debris or other obstructions.
Insurance Requirement: The business operating the retail queueing installation must maintain an active liability insurance policy that includes the following. Liability Insurance:
o Minimum $2M Commercial General Liability coverage with City named as an additional insured, waiver of subrogation and 30 day written notice of cancellation.
Insurance policy must be primary and non-contributory.
o A Workers’ Compensation insurance policy for both private property and public property (on and off premises).
o Confirmation from insurance carrier/broker that business owners’ coverage extends to the sidewalk.
o Full indemnification of the City.
Submittal Requirements: The following documents must be submitted along with the permit application (attached to this document).
□ Signed retail queueing permit application
□ Copy of the certificate of insurance
□ Signed encroachment agreement
□ Photos of sidewalk area and façade area where retail queueing will be installed DRAFT
City of Beverly Hills
Planning
Division
Community Development Department
www.beverlyhills.org/contactplanning
Retail Queueing Permit Application
Business Information
Business Name
Property Address
Business
Owner/Representative
Contact Information
Name:
Email:
Phone Number:
Business Owner/Representative Name (Printed):
_________________________________________
Business Owner/Representative Signature*:
______________________________________________
*By signing this form, I acknowledge and agree that all retail queueing installations must comply with the standards listed above, and that any installation deemed to be in violation of these standards will be subject to enforcement action and penalties.
DATE APPLIED: ___/_____/________
DATE ISSUED: ___/_____/________ EXPIRATION DATE: ___/_____/________ DRAFT