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Board upholds DPW mobile‑food permit amid clash between Off the Grid and Roadside Rotisserie
Summary
The San Francisco Board of Appeals on May 6 upheld a Department of Public Works permit for Roadside Rotisserie’s Country Grill at Front and Vallejo, rejecting an appeal by Off the Grid that argued notice errors, restroom authorization and neighborhood congestion. The vote was 5‑0.
The San Francisco Board of Appeals on Wednesday rejected an appeal by Off the Grid Services LLC and left in place a mobile food facility permit issued by the Department of Public Works to Roadside Rotisserie (Country Grill) for a location at Front and Vallejo streets.
Off the Grid owner Matt Cohen told the board he and other vendors who use the public market at that site have operated there for years and argued DPW’s decision to issue the new permit ignored prior opposition, would worsen congestion and relied on an improper restroom arrangement. “We currently program 4 trucks in the space,” Cohen said, and adding the new permit would create unacceptable pedestrian congestion and trash impacts, he told commissioners.
Permit holder Mitchell Neuberger said he complied with DPW’s notice and permit requirements and that Off the Grid had missed the administrative appeal period. “Not a single brick‑and‑mortar business in the surrounding area appealed my presence,” Neuberger said, and he disputed claims that Off the Grid had exclusive control of restroom access or market traffic. Multiple current and former vendors who use Off the Grid markets testified in favor of allowing other operators to secure permits and said Off the Grid is not a monopoly.
DPW staff explained the agency’s review of zoning, sidewalk width and required 75‑foot distancing from brick‑and‑mortar takeout establishments. DPW said the site meets code: the sidewalk exceeds the 10‑foot minimum used in the Department’s order, the required notices were mailed and posted, and the department verified an approved public‑health permit before issuing the MFF permit. DPW referenced DPW Order 182101 and §5.8 of the Public Works Code in explaining how multiple mobile food facility permits may be issued when they do not adversely affect pedestrian flow.
After public comment and rebuttals from both sides, Vice President Daryl Honda moved to deny the appeal and uphold DPW’s approval. The motion passed on a 5‑0 roll call.
What’s next: The permit remains in effect; the board did not order any additional conditions. Parties that disagreed with the outcome may pursue any further administrative or judicial remedies allowed under local law.
Sources and attributions: Board testimony from Matt Cohen (Off the Grid), Mitchell Neuberger (Roadside Rotisserie), DPW staff (Scott Sanchez) and vendor public comment recorded at the May 6 board hearing.
