Board Upholds Denial of Spice Affairs Mobile‑food Permit, Citing Downtown Congestion

The San Francisco Board of Appeals voted 5-0 on Feb. 17 to uphold the Department of Public Works' denial of mobile food facility permits sought by Arjun Singh d/b/a Spice Affairs for three downtown sites, finding the locations are congested and heavily devoted to loading and delivery zones.

Public Works staff told the board the permit application (13MFF-0004) included locations at 214 Battery St., 46 Geary St., and 99 Post St. and that the city engineer denied the requests after a public hearing and notification process in 2015. Raul Shaw of Public Works said the downtown blocks in question lie within or adjacent to the Union Square business improvement district and that exhibits in the record show about 10 restaurants within a two- to three-block radius of each proposed site. Shaw said those conditions, together with extensive yellow curb loading and double-parking risks, supported the denial under Article 5.8 and the Board of Supervisors' Ordinance 11913.

Appellant Arjun Singh told the board his truck is a compact 22-foot vehicle that would occupy a single parking meter and proposed limiting hours at some sites (for example, 6 p.m. to 11 p.m. at 99 Post St.; 10 a.m. to 3 p.m. at two other sites) to reduce congestion. Singh said he had sought to avoid placing the truck near similar food-service establishments and had notified nearby vendors as required.

Several members of the public spoke on both sides. Claude Imbo of the Union Square Business Improvement District said mobile food facilities in Union Square would conflict with the legislative intent to serve underserved, less congested areas and raised pedestrian congestion and sight-line safety concerns. Vendor representative Stanley Roth argued that yellow-zone rules limit parking to short loading periods and warned against treating yellow zones as extended parking for mobile-food facilities. Supporters of Singh, including local workers, told the board they welcome more Indian food options in the Financial District.

Board members cited Public Works' findings about concentrated restaurant service and the prevalence of yellow loading zones on the blocks in question. Vice President Frank Fung moved to deny the appeal and uphold Public Works; the motion carried 5-0, denying Singh's appeal and leaving the department's denial in place.

The board's written order will reflect the vote; the denial means the applicant must either pursue locations that comply with the code or reapply with proposals that address the department's concerns and any expanded notice requirements for later operating hours.