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Board denies rehearing request for mobile food permit at Divisidero

San Francisco Board of Appeals · December 13, 2017
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Summary

The Board of Appeals declined to rehear an earlier denial of a mobile food facility permit for a Divisidero/Arrow Street location, finding no new evidence; neighbors had argued the case had been adjudicated previously.

The Board of Appeals considered a rehearing request (appeal 17‑117) concerning a Department of Public Works denial of a mobile food facility permit at the Arrow/Divisidero area. The appellant asked the board to reopen the case and present further evidence and witnesses; Department of Public Works representative Brent Cohen said the information had been presented at the prior hearing.

Multiple members of the public told the board the issue had been litigated and decided, citing prior DPW hearings and public notices. Mark Brennan summarized earlier proceedings and urged the board not to rehear the appeal, saying there was no new evidence or manifest injustice. Commissioner Rick Swig moved to deny the rehearing request on the basis that there was no new evidence; the motion carried on roll call and the board declined to rehear the matter. The board instructed that, because it was a board‑initiated reconsideration, no further action will be taken and the denial stands.