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Board of Appeals upholds Public Works denial of Market Street cart permit
Summary
The San Francisco Board of Appeals on Sept. 21 upheld the Department of Public Works’ denial of a mobile food facility permit for locations at 865 and 900 Market Street, finding the sites were not 'underserved' and that sidewalk congestion and nearby businesses weighed against approval. The vote was 4-0.
The San Francisco Board of Appeals on Sept. 21 denied an appeal by SF Halal Guys and upheld the Department of Public Works' June 30 denial of a mobile food facility permit for proposed locations at 865 and 900 Market Street.
Asad Amini, representing SF Halal Guys, told the board the vendor had identified two locations between rows of trees that he said did not add to pedestrian congestion and that his operation would rotate between the two spaces three days each and maintain the area, including taking trash back to the commissary. He said the cart footprint would be modest and that the operation has a long track record elsewhere in the city.
Brent Cohen of the Department of Public Works explained the agency’s decision to deny permit 15MFF0148, citing Public Works Code criteria for mobile food locations. Cohen told the board that DPW’s findings included that the proposed locations were on Market Street — a highly congested corridor with heavy transit activity and a nearby mall food court — and therefore not the underserved, lower-congestion sites the ordinance aims to prioritize. He also noted public-notification objections and that seasonal street-artist activity is permitted near the site, which factored into the denial.
Opponents including Westfield San Francisco Center and the Union Square Business Improvement District argued the cart would compete with nearby mall restaurants and worsen trash and safety issues in a high-pedestrian, transit-heavy block. Anthony Rossi of Westfield told the board the placement was "just outside of our main entrance" and said it would "adversely affect Westfield and the restaurant tenants." Claude Amboe of the BID cited pedestrian counts and the area’s image as reasons to deny the permit.
After hearing the testimony and reviewing DPW’s record, the board voted 4-0 to deny the appeal and uphold the DPW order. Vice President Frank Fung moved the motion; Commissioners Anne Lazarus, Daryl Honda and Rick Swig voted Aye.
What’s next: The denial leaves the DPW determination in place. The applicant may pursue other available administrative remedies but the board’s decision sustains DPW’s finding that the Market Street locations fail the ordinance’s criteria for "underserved" and lower-congestion placement.
