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Board approves Blue Fog Market sidewalk seating with strict conditions after neighborhood protests
Summary
The Board of Appeals upheld Public Works’ cafe‑tables permit for Blue Fog Market at 2567 Gough/Green but imposed conditions limiting seating to 8 seats and 4 tables and requiring truck/load management, staff monitoring of double‑parking, a liaison phone number for blocked driveways, and a renewal‑period review.
The San Francisco Board of Appeals voted Feb. 24 to uphold a Department of Public Works decision to approve a sidewalk cafe tables‑and‑chairs permit for Blue Fog Market, 2567 Gough Street, subject to conditions intended to protect neighbors’ safety and quiet.
Neighbors led by appellant Jim Connolly and agent Bridget Maley urged the board to revoke the permit, saying outdoor seating would cause persistent double‑parking, delivery truck blockages, noise and litter near Sherman Elementary School. “This is a commercial invasion of our R2 residential neighborhood,” Connolly said, pointing to letters of protest from immediate neighbors.
Owner Frank Slasick told the board he withdrew a prior application after neighborhood pushback when he bought the market, but has since gathered hundreds of signatures of support and promised professional management. “We’re going to manage this professionally,” Slasick said, describing a camera, staff monitoring and signage asking customers not to park in neighbors’ driveways.
Brent Cohen of the Department of Public Works said the permit application (No. 15TC‑0466) followed DPW code procedures, including a posted notice and a DPW hearing that led to the director’s approval on Dec. 23, 2015. Cohen said DPW received about 30 objections during notification and ten supporters but, after review, found the proposal in general conformance with the Public Works Code and DPW orders and approved the permit.
Scott Sanchez, Planning Department zoning administrator, said a referral to planning revealed the use should be treated as a grocery with limited accessory sidewalk seating; he said planning code interpretations support a de minimis sidewalk seating allowance equivalent to 8 seats, and that benches must be counted as seats at 22 inches per seat.
After more than two dozen public speakers for and against the seating, the board deliberated and adopted a motion to uphold the permit but impose conditions: cap seating at the planning‑code limit of 8 seats and no more than 4 tables; require the permit holder to use best efforts to manage delivery timing so lanes remain open; routinely dispatch staff to discourage double‑parking; provide a liaison phone number for neighbors to call about blocked driveways; and require DPW to review those conditions at the time of permit renewal. The motion carried 5–0.
The board’s action leaves the permit in force, with a compliance and renewal structure intended to address neighbors’ concerns while allowing the market limited sidewalk seating.
