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Board of Appeals rejects neighborhood safety claim, upholds mobile food permit for 560 Mission Street
Summary
The Board of Appeals denied an appeal challenging a mobile food facility permit at 560 Mission Street, finding the Department of Public Works properly reviewed clearances and site plans; commissioners said enforcement, not permit denial, is the appropriate remedy for future violations.
The San Francisco Board of Appeals on Nov. 18 denied an appeal of a mobile food facility permit for a proposed lobster truck at 560 Mission Street, leaving the permit in place.
Tony Alcala, an appellant, told the board the truck’s location sits between two fire hydrants and said the likely parking behavior of other trucks could cause the permitted vehicle to block hydrants or otherwise violate clearance rules, creating a public-safety hazard. “The spot is not guaranteed,” Alcala said, warning that permit holders often park in the closest available space and may end up in restricted areas when that occurs.
Permit holder Justin Mee replied that the site was measured with the Department of Public Works, that the location meets the 7‑foot clearance from the fire hydrant cited in DPW code, and that he expects to operate within the permit’s limits. “We confirmed with TPW… the spot we’re applying for is 7 feet away,” Mee said.
Rahul Shah of Public Works told the board the permit application was submitted in December 2014, the director recommended approval on Aug. 27, 2015, and the department’s review found the proposed location complies with DPW clearances and the mobile food facility rules. Shah emphasized that enforcement of any future violations falls to DPW and the Municipal Transportation Agency (MTA), and that repeated violations may be documented against a permit holder’s record and could be elevated to the director for possible action.
Commissioners said the record showed the department evaluated the permit based on the submitted plans and code standards, and that speculative future parking behavior was not a legal basis to overturn the permit. Commissioner Frank Fung moved to deny the appeal on that basis; the motion carried with President Anne Lazarus, Vice President Daryl Honda and Commissioner Bobby Wilson voting aye and Commissioner Rick Swig recused, a 4–0 vote.
The board directed members of the public concerned about illegal parking or clearance violations to file complaints with 311 so DPW and MTA can investigate and enforce as appropriate.
