Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Mobile Food Facility topic
No spam. Unsubscribe anytime.
Board of Appeals grants food-cart permit for 560 Mission Street with menu limits
Summary
The San Francisco Board of Appeals overturned the Department of Public Works’ denial of a mobile food facility permit for Tra Pham at 560 Mission Street, finding no like-foods within the 300-foot notification radius and no saturation; the permit was approved 5-0 with chips and cookies removed from the allowed menu.
The San Francisco Board of Appeals on April 24 overruled the Department of Public Works and granted a mobile food facility permit for Faith Sandwich, an applicant identified as Tra Pham, to operate at 560 Mission Street.
Appellant counsel Michael Mirtha told the board that DPW’s denial relied on an incorrect like-food analysis and an overstated saturation finding, saying nearby businesses listed as serving Vietnamese sandwiches either do not carry that item or lie outside the 300-foot notification radius. John Kwan of the Department of Public Works responded that DPW relied on prior decisions and applied its interpretation of the code in assessing light-food classification and saturation.
Several nearby business representatives and property managers opposed the permit during public comment. David Silverglide, CEO of MG Restaurants, said his company’s Mixed Greens offers a “Saigon” sandwich on a seasonal basis and argued that operation of a sidewalk cart at 560 Mission would constitute direct competition and add to generator noise and trash concerns. Brad Collins, property manager for 560 Mission Street, cited tenant leasehold impacts and sidewalk congestion as reasons to deny the permit.
After hearing legal arguments, public comment and staff testimony, the board determined that there were no light-foods within the 300-foot radius and that the saturation of mobile food facilities in the immediate area was not sufficient to bar the permit. The board’s action overruled DPW’s denial and issued the permit with a condition removing chips and cookies from the permit scope; drinks were allowed. The motion carried unanimously (5–0).
What happens next: The permit will issue with the stated menu limitation, and DPW’s good-neighbor and enforcement procedures remain available if operational problems arise.
