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Board upholds DPW’s approval of mobile‑food permit near 455 Market

San Francisco Board of Appeals · May 8, 2013
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Summary

The Board of Appeals upheld a Department of Public Works mobile‑food permit for a Kebab Trolley at 455 Market Street, finding the permit complied with spacing, pedestrian clearance and restroom verification requirements; vote 5–0.

The San Francisco Board of Appeals on May 8 upheld a Department of Public Works permit authorizing a mobile food facility (Kebab Trolley) to operate at 455 Market Street, concluding the permit complied with the relevant DPW regulations and public‑health restroom verification standards.

Appellants representing ownership and retail tenants at 455 Market argued the cart would unfairly compete with rent‑paying tenants, add sidewalk congestion and burden building maintenance. DPW counsel and the permit holder countered that the application included a drawing demonstrating a six‑foot clear pedestrian path, that the permit complied with the code’s ‘‘no like food within 300 feet’’ rule, and that a restroom verification form (signed May 6) was secured for a nearby facility.

DPW explained their process: public notice, director's hearing and findings that pedestrian flow was preserved and no like food existed within the required radius. The Board found no error in DPW’s application of the rules and upheld the permit by a 5–0 vote.