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Transcript of appellant brief (appeal #18068) - City and County of San ...
APPELLANT BRIEF (APPEAL #18068)
RE: MOBILE FOOD FACILITY PERMIT #17MFF0181
TABLE OF CONTENTS
APPELLANT BRIEF………………………………………………………………………...212
EXHIBIT A………………………………………………………………………………………13
EXHIBIT B………………………………………………………………………………………14
EXHIBIT C…………………………………………………………………………...…………15
EXHIBIT D……………………………………………………………………………...………16
EXHIBIT E……………………………………………………………………………...………17
EXHIBIT F……………………………………………………………………………...………18
EXHIBIT G………………………………………………………………………………...……19
EXHIBIT H…………………………………………………………………………………...…20
EXHIBIT I…………………………………………………………………………………….…21
EXHIBIT J………………………………………………………………………………………22
EXHIBIT K…………………………………………………………………………………...…23
EXHIBIT L…………………………………………………………………………………...…24
EXHIBIT M……………………………………………………………………………………..25
EXHIBIT N……………………………………………………………………………………...26
EXHIBIT O……………………………………………………………………………….…2728
EXHIBIT P……………………………………………………………………………………...29
1
We, Senor Sisig , are appealing the ISSUANCE of Mobile Food Facility Permit
No. 17MFF0181 (EXHIBIT A) by the San Francisco Public Works Bureau of Street
Use and Mapping which was issued and became effective on: May 21, 2018 , to:
Serendipity SF .
These are the LOCATIONS approved on permit #17MFF0181 :
1. 332 PINE ST Truck located on the North side of Pine St approximately 30 linear feet
East of Leidesdorff St operating Tuesday and Thursday from 11AM to 3PM.
2. 400 CALIFORNIA ST Truck located on the North side of Pine St approximately 30
linear feet East of Leidesdorff St operating on Wednesday, Saturday, and Sunday from
11AM to 3PM.
Our request in appealing this permit is to remove or relocate the 332 PINE ST location
from per 17MFF0181 on Tuesdays and Thursdays. We are NOT concerned with the
400 CALIFORNIA ST location on this permit.
Senor Sisig has held and operated permit #18MFF0025 (Original: 12MFF0088)
since 2012 (EXHIBIT B) . Our permit is to operate at 300 PINE ST , which less than 50
feet behind the applicants permitted location of 332 PINE ST . Over the past six years,
we have worked extremely hard to build a relationship with our neighboring businesses
and community members. When we were first approved for this permitted location in
2
2012, it was not by popular demand. Restaurant owners, property owners and
surrounding businesses in the area where hesitant about us being in the neighborhood
with honest concerns. Over the last 6 years we have work extremely hard to address
the concerns of our neighbors and develop a trust and understanding that we operate a
safe, clean and non invasive operation. Allowing another Mobile Food Facility (MFF) to
operate on this block will jeopardize the trust and the relationships we have work so
hard to build. It will also negatively impact our business, its operations and the
surrounding area in a number of ways.
The 75 foot rule
The San Francisco DPW Order No: 182101 will not allow MFF’s to apply for a location
within 75 feet of another existing “restaurant”. Under item (IV., E, 1, a.), it states:
IV. PERMIT APPLICATION REQUIREMENTS
E. Decisions.
1. At the hearing, the Director, or his/her designee, acting as an
Administrative Hearing Officer, may consider the following
a. Whether the applicant's proposed location is within a 75foot
radius of a restaurant or if the location is currently being
opperated by and already approved/existing MFF.
3
This rule is in place to protect existing restaurants for a number of reasons,
including limiting “direct competition”. However, 75feet is not enough distance from any
type of food establishment to truly prevent direct competition. The real reason and value
for the 75foot rule is to protect the restaurants existing area of operation. MFF’s should
not be able to block restaurants facade or entrance with their vehicles and lines of
customers. MFF’s should not take up take up parking in front of the restaurants that they
rely on for daily business operations such as deliveries, catering, inventory drop offs,
etc. Restaurants need their existing space to operate to be protected and a 75foot
buffer is an absolute minimum for their business operations to not be affected by a
permitted MFF.
The same 75foot distance rule that protects restaurants existing space of
operation should apply to existing permitted MFF’s. MFF’s should NOT be able to apply
and/or be issued a permit by the San Francisco Public Works Bureau of Street Use and
Mapping to operate within at least 75feet of where an existing MFF is permitted to
operate. In this case, the approved permit 17MFF0181 is less than 50feet away from
our permit 18MFF0025 (EXHIBIT C). This will create a significant impact on our
businesses ability to continue to operate at this location on Tuesdays and Thursdays, as
well as creating a public safety concern.
We started Senor Sisig in 2009 and we have dealt with unfair assumptions and
stereotypes of food trucks since day one. We are expected to operate under the same
rules and regulations of a brick and mortar restaurant, but we are not given the same
protection, and that needs to change. This is appeal is about PROTECTING OUR
4
EXISTING SMALL BUSINESSES ability to operate and public safety. Both food trucks
and brick and mortar restaurants should be equally protected.
Parking
Parking is our primary area of concern with the issuance of permit #17MFF0181.
SFMTA and SFDPW do not allow for MFF’s to apply or be issued “NO PARKING” signs
that would allow MFF’s reserve parking spaces at the location, days and hours that they
are permitted to operate. The inability to reserve our permitted locations creates
everyday parking uncertainty for us. We are never sure if we will be able to secure a
parking space until we get to the location. In the Financial District this struggle to find
parking is greatly magnified.
In the case that we are not able to secure a parking space near our permitted
location, we will not be able to operate that day. When this happens, it means that we
have to throw out all our food product that we prepared for that day, loss of employees
hours, loss of business and loss of customer trust who waste their “lunch time” to come
find us.
Allowing another MFF to operate on the same block during the same times as us
will further limit the already scarce parking on this block. This will undoubtedly be
detrimental to our businesses ability to continue to operate at this location on Tuesdays
and Thursdays. There are only 8 parking spaces on this block of PINE ST (EXHIBIT D) ,
between Sansome St and Leidesdorff St (3 “general” grey meters, 2 yellow and 3 red).
MFF’s come in a variety of sizes however are generally anywhere between 2030 feet
5
long which would in most case require 2 spaces. The reality of this location is that the 3
“general” grey meters on this block, which are all taken by 7am in the morning. That
leaves an additional 5 spaces that can be used for commercial use, which we normally
take up 2 of the yellow spaces. Adding another MFF at this location will take up another
commercial space, either preventing us from securing a parking space to serve, or
leaving 1 commercial space for any other type of commercial vehicle needs on this
block. This is a high traffic area and there are always deliveries, contractors and other
commercial vehicles that need to use these spaces. There needs to be a mixed use of
parking spaces in this area. If there are multiple MFF’s on every block in the Financial
district it will negatively affect the the day to day activities of other business in the area
that are necessary for the to operate as well. EXHIBIT E shows pictures of a normal day
on this block and the mixed use needs of general parking and commercial vehicles. It
shows 3 delivery trucks, 1 MFF, and 2 general contractor trucks. This block cannot
support another MFF taking up 2 parking spaces during the busiest parts of the day
(11am 3pm).
Public Safety
The San Francisco DPW Order No: 182101 has guidelines to insure public safety.
Under iten IV., E, 1, c. It states:
IV. PERMIT APPLICATION REQUIREMENTS
E. Decisions.
6
1. At the hearing, the Director, or his/her designee, acting as an
Administrative Hearing Officer, may consider the following
c. Other information deemed relevant to the determination of
whether the proposed location would generate any public safety or
other concern that may impact the general public and/or the public
rightsofway.
Our food truck is one of the more popular food trucks in the city and can draw
massive lines that can extend all the way down the 300 PINE ST block. EXHIBIT F
shows pictures of how long our lines get. It should be noted that there were no other
vehicles in these pictures because there were “no parking” construction signs put up
and that construction company allowed us to park there. We are trained and well versed
on how to manage our lines to insure that there is a clear path of travel, at least 6 feet,
for pedestrians to walk by.
Adding another MFF on this block will create major public safety issue on the
public rightsofway. What happens when our lines intersect? Who’s responsible for
controlling these intersecting lines and maintaining a clear path of travel? EXHIBIT G ,
shows how line and crowds can get out of control on this block. There is no path of
travel for pedestrians and this is what adding another truck can and will create.
Senor Sisig has a proven and safe system of line control and takes full
responsibility of maintaining the public right of way on this block. If another MFF is
7
positioned on the same block as us it will add a dangerous obstacle and unfairly
increase responsibility of our business and its employees.
In other cases where multiple MFF’s are approved to operate at one location,
there is one permit holder i.e. Off The Grid. These approved locations are also in areas
of the city that are less populated and present less of a public safety concern. These
individual permit holders like Off The Grid always have staff members on site (outside
the MFF’s) that help make sure their “Food Truck Markets” don’t create a “public safety
or other concern that may impact the general public and/or the public rightsofway.” The
300 PINE ST . block or any area in the center of the Financial District, is not a suitable
area to for one of these “Food Truck Markets”. The area is over populate, there is no
one on site to ensure public safety and the permit holders are two business with
separate interest and responsibilities.
Additionally on this block there are numerous street furniture obstacles that will
further complicate line & crowd control and assuring a safe pedestrian path of travel.
(EXHIBIT H)
On this block there are also (3) street storage entrances (EXHIBIT I) that the
fronting business need to access on a daily basis. As I mentioned, we have establish a
good working relationship with these business on how to navigate our lines are these
businesses needs to access the street storage entrances during our hours of operation.
Adding a additional MFF will threaten our neighbors patience with our existing working
relationship by creating another unnecessary obstacle and public safety concern. It
could also prevent these businesses from accessing their street storage.
8
In DPW Order No: 182101 item number 4,A,2, it states: “in no case shall an additional permit be issued unless the Director determines that the
location site conditions can accommodate the associated activity without adversely
impacting pedestrian path of travel and/or flow or other location requirements.”
With all these issues of parking, public safety and impact on neighboring
businesses it’s hard to comprehend how the director determined that adding a additional
MFF on this block would not have an “adverse impact”. We encourage you to please
take these issues seriously.
UNNECESSARY “LIKE FOOD”
The 17MFF0181 permit holder, Serendipity SF, menu consist of sandwiches and
salads. These are the items listed on their permit:
● Meatloaf, Grilled Cheese, Chicken Sandwich, Caprese Salad, Kale Salad,
Fries, Sweet Potato Fries, Mac and Cheese, Mashed Potatoes.
● Picture of menu is shown in EXHIBIT J
There menu brings nothing new to the neighborhood. There are multiple places
with in a one block radius that serve both sandwiches and salads (EXHIBIT K). In
particular, Diller’s (348 Pine St, San Francisco, CA 94104) is less than 100 feet away
from the permitted location of Serendipity SF and offers an almost identical menu
including meatloaf, grilled cheese, variety of other sandwiches and salads (EXHIBIT L) .
9
There is no need in this area for more of the same and is unnecessary direct
competition to a existing business located 100 feet away.
Additionally there is already a over saturation of MFF’s that operate in this area.
EXHIBIT M shows a list of 12 existing MFF permits to operate within a 300 foot radius.
Senor Sisig was one of the first permits to be approved in this area and at some point a
realistic limit needs to be set per space in this area. This point touches on the issues of
limited parking and public safety in the area as mentioned before but also shows that an
additional MFF in this area is not necessary based on oversaturation.
RECOMMENDATIONS OF ACTIONS
1. Or primary request is for the Board of Appeal to REMOVE the 332 PINE ST.
location on Mobile Food Facility Permit No. 17MFF0181 .
2. If the Board of Appeals does not see our primary request suitable, our secondary
request would be to RELOCATE the 332 PINE ST. location on Mobile Food
Facility Permit No. 17MFF0181 to 250 PINE ST. or another location they find
suitable. EXHIBIT N is a site diagram that shows the position of the relocation
request. We have confirmed with the San Francisco Public Works Bureau of
Street Use and Mapping that 250 PINE ST. meets all guidelines in set forth in
DPW Order No: 182101 would be an eligible permitted location ( EXHIBIT O).
This proposed relocation is less than 200 feet from 332 Pine St. and at least 75
feet away from any other restaurant or MFF in the area. We also contacted Greg
Matt, who operates the Philz Coffee Truck at this 250 PINE ST. location on
10
Mondays, Wednesday and Fridays under Mobile Food Facility Permit No.
17MFF0079 . He has given his approval for permit 17MFF0181 to relocate to
250 PINE ST. on Tuesdays and Thursdays in a letter shown in EXHIBIT P. As our
secondary request we believe this location would eliminate most our concerns of
parking and public safety as The Philz Coffee Truck presents no issues when
present at this location during their permitted days of operation.
CONCLUSION
We have operated at this location for 6 years are asking the board of appeals to
protect our existing business and its daily ability to operate. We are small business with
employees that depend on this location for their jobs. It’s hard enough as it is to
navigate in this area and adding more obstacles could lead to unfair loss of business
and jobs. We have work extremely hard to establish ourselves as a trusted and valued
part of this community and that could all be jeopardized if this MFF is allowed to retain
this location. We are strong supporters of other small businesses trying to find a space
to operate and grow, but not at the expense of another small business.
I also believe that the growth of the Mobile Food scene here in San Francisco
over the last 8 years is great for the city, as it adds to the vibrancy, diversity and
funkiness that that SF is all about, but is slowly losing. The issue here is that we are
allowing food trucks to line up behind to each other creating unmanaged food truck
markets in the most saturated areas of the city. I don’t believe that’s what the true
essence of the mobile food scene in SF is about. I do believe there is enough room for
11
(1) food truck every 12 block in this area as long as its at least 75 feet away from
another restaurant or food truck and does not interfere with the daily activities and
needs of other businesses.
We understand why Serendipty wants to position their truck near ours. They said
in the initial DPW hearing that they felt our lines where so long that they could help
relieve some time that customers where investing waiting in our long line. They
compared it to a busy grocery store with one check stand open, and that they would be
the second check stand that would split the line. The problem is that they have never
worked in the “grocery store” and are choosing to neglecting all of the other issue this
could present our business, its customers and the area in general. They see this as an
opportunity, but are failing to accept the threats it poses, which is extremely dangerous.
We ask the Board of Appeals commissioners to please take everything in this
brief in to account and vote to remove or relocated this location on permit
#17MFF0181 in the best interest of Senor Sisig, our employees, our neighbors, the
community and Serendipity SF as well. We thank you for your time and consideration
through this process.
12
EXHIBIT C
DISTANCE BETWEEN
PERMIT #17MFF0181 (332 PINE ST)
&
PERMIT #18MFF0025 (300 PINE STREET)
45 Feet
15