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Board denies appeal by mobile‑food operator on Divisadero location
Summary
The San Francisco Board of Appeals rejected an appeal of a Public Works decision on a mobile food facility permit for 401 Divisadero Street, upholding the director's denial after testimony from the applicant, Public Works and local businesses. The board left a separate Second Street location conditionally approved pending streetscape work.
The San Francisco Board of Appeals on Nov. 8 heard an appeal by Jose Anarin and co‑appellant Ingrid Castro, doing business as Los Dos Cuartes, of Public Works' decision on mobile food facility permit 16MFF0137. The appeal challenged a director's decision that conditionally approved a Second Street location but denied a proposed location at 401 Divisadero Street following public protests and a hearing.
Appellant Jose Anarin told the board he had tried repeatedly over years to obtain approvals and argued that Public Works had given inconsistent treatment to established vendors. "I come to make an appeal and, hope that you can accept my appeal," he said, describing delays getting appointments and citing email communications that initially indicated he could pursue health and fire inspections.
Rahul Shaw of Public Works summarized the application and the notification history and explained the department's rationale. He said the 401 Divisadero site drew multiple protest letters and that the hearing officer recommended denial because the block presents limited parking and several brick‑and‑mortar restaurants within a two‑block radius. Quoting a Public Works order, Shaw said, "The director may suspend or revoke a permit if he or she determines that public interest necessitates use of the mobile food facility location for a different public purpose such as a bicycle lane, traffic reconfiguration, bulb out, bus stop or the pedestrian, bicycle or vehicular safety measure," as grounds for conditional approval at other sites and denial at Divisadero.
Local business owner Mark Bridal, representing 425 Divisadero, urged the board to uphold the director's denial, citing the high concentration of restaurants near 401 Divisadero and arguing the program is meant to expand options in underserved areas, not add competition in already served corridors.
After public testimony and a department rebuttal, Vice President Frank Fung moved to grant the appeal and overturn the director's denial for the Divisadero location, adding a condition to comply with Friday parking restrictions between 4 and 6 p.m. The motion did not carry; the chair announced the motion failed and, without further action, the appeal remained denied by default.
Public Works maintained that the Second Street location remains conditionally approved pending streetscape work and said it would work with the operator on relocation should construction require displacement. The board did not change the departmental decision as to the Divisadero denial.
The board's action leaves the conditional Second Street approval intact and leaves the 401 Divisadero denial in place. Parties were advised to work with department staff on relocation logistics and any written assurances they may request.
