CITY & COUNTY OF SAN FRANCISCO BOARD OF APPEALS Date Filed: PRELIMINARY STATEMENT OF APPEAL BOARD OF APPEALS JUL t 9 2016 APPEAL# f (p... l 3iJ I/ We, Roadside Rotisserie Corp dba "Country Grill," hereby appeal the following departmental action: ISSUANCE of Mobile Food Facility Permit No. 15MFF-0156 by the San Francisco Public Works Bureau of Street Use and Mapping which was issued or became effective on: July 06, 2016, for the property located at: One Post Street. BRIEFING SCHEDULE: The Appellant may, but is not required to, submit a one page (double-spaced) supplementary statement with this Preliminary Statement of Appeal. No exhibits or other submissions are allowed at this time. Appellant's Brief is due on or before: September 08, 2016, (no later than three Thursdays prior to the hearing date), up to 12 pages in length, double-spaced, with unlimited exhibits, with eleven (11) copies delivered to the Board office by 4:30 p.m., and with additional copies delivered to the o~s the same day. In addition, an electronic copy should be emailed to: boardofappeals@sfgov.org if possible.~ I Respondent's and Other Parties' Briefs are due on or before: September 22, 2016, (no later than one Thursday prior to hearing date), up to 12 pages in length, doubled-spaced, with unlimited exhibits, with eleven (11) copies delivered to the Board office by 4:30 p.m., and with additional copies delivered to the other parties the same day. In addition, an electronic copy should be emailed to: boardofappeals@sfgov.org if possible. Only photographs and drawings may be submitted by the parties at hearing. Hearing Date: Wednesday, September 28, 2016, 5:00 p.m., City Hall, Room 416, One Dr. Carlton B. Goodlett Place. All parties to this appeal must adhere to the briefing schedule above, however if the hearing date is changed, the briefing schedule MAY also be changed. Written notice will be provided of any change to the briefing schedule. In order to have their documents sent to the Board members prior to hearing, members of the public should submit eleven (11) copies of all documents of support/opposition no later than one Thursday prior to hearing date by 4:30 p.m. Please note that names and contact information included in submittals from members of the public will become part of the public record. Submittals from members of the public may be made anonymously. Please note that in addition to the parties' briefs, any materials that the Board receives relevant to this appeal, including letters of support/opposition from members of the public, are distributed to Board members prior to hearing. All such materials are available for inspection at the Board's office. You may also request a copy of the packet of materials that are provided to Board members at a cost of 10 cents per page, per S.F. Admin. Code Ch. 67.28. If you have any questions please call the Board of Appeals at 415-575-6880 The reasons for this appeal are as follows: See attached statement. Appellant or A~e One): Signatu~ ~ Print Name: M~t N 'G-l.Jt3 7??-f.:1."3-, I
July 19 1 h, 2016 Country Grill BOARD OF APPEALS JUL 1 9 2016 APPEAL# /tp- l3v Appeal to decision by DPW Mobile Food Facility Perm it No. 15MFF - 0156 Dear Board of Appeals, I, Mitchell Newberger, owner operator of Roadside Rotisserie/ Country Grill, respectfully request a hearing to appeal the decision by DPW for mobile food facility permit no 15MFF - 0156. The basis for our appeal is that is a conditional approval. The conditional approval is not amenable to our business and our business plans. Thank you. Mitchell Newberger Country Grill 1148 E. 18th Street, Unit #1, Oakland, Ca. 94606 Tel 510-463-1530 email info@countrygrill.net
City and County.of San Francisco.San francisro Public Works Bureau of Street se and Mapping 1155 Market St reet, 3iil Floor San Francisco, CA 94103 sfpublicv10rks.org te!l 415,..554-5810 fax 415-554-6161 SOAAo OF APPEAL.$ JUL 19 2016 APPEAL.# {tp-1~0-15mff-0156 Mobile Food Facility Permit Address : 1 POST ST Cost: $959.21 Block:0311 Lot: 015 Zip: 94104 This permit is non-transferable without approval from DPW and shall comply with DPW, DPH and SFFD regulations and this permit is subject to revocation. Name: Address: Contact: Permittee Roadside Rotisserie Corporation I Country Grill 1148 E.18th Street, Unit #1 Oakland, CA 94606 Mitchell Newberger Phone: "IMPROVING THE QUALITY OF LIFE IN SAN FRANCISCO" We are dedicated individuals committed to teamwork, customer service and continuous imrovement In partnership with the community. Customer Service Teamwork Continuous Improvement Page 1of5
Conditions This permit shall serve as a "Conditional" approval. Permit holder shall provide current copies of the following within 90 days of the approval date listed on this permit: Facility Type No. of Locations (See Exhibit A} Start Date End Date To Be Sold Certificate of Sanitation SFFD Permit SF Business Certificate - Public Health Decal/Sticker and approved inspection report - Fire Department Decal/Sticker and approved inspection report - San Francisco Business Registration Certificate - OMV registration (Trucks only) - Certificate of insurance, listing the City as additionally insured, with general liability coverage no less than $2,000,000. Operation of the Mobile Food Facility is not permitted until the required documents are received by Public Works. If required documents are not provided within 90 days of the date listed on this permit, this permit shall be null and void. Truck 1 07/06/2016 03/15/2017 Rotisserie chicken, pork loin, ribs, chicken salad wrap, potatoes, roasted seasonal vegetables kale salad, beverages. The undersigned Permittee hereby agrees to comply with all requirements and conditions noted on this permit Approved Date: 07/06/2016 Applicant/Permitee Date Printed: 7/15/2016 3:38:26 PM Plan Checker Brent Cohen 'IMPROVING THE QUALITY OF LIFE IN SAN FRANCISCO" We are dedicated individuals committed to teamwork, customer service and continuous imrovement In partnership with the community. Customer Setvice Teamwork Continuous Improvement Page 2 of 5
REVOCABLE PERMIT IS GRANTED SUBJECT TO THE FOLLOWING CONDITIONS 1. The permittee shall comply with all guidelines and conditions set forth in Article 5.8 of the Public Works Code and Department of Public Works Order No. 179,044 (Guidelines for Issuance of Permit, Inspection of Mobile Food Facilities Operating within Public right-of-way). 2. The permittee shall pay an annual fee, to the Department of Public Works, 1155 Market Street, 3rd Floor, San Francisco, CA 94103, Attention: Street-Use Permits. 3. This permission shall not become effective until the permittee shall have delivered to the Department current approvals from DPH, SFFD and business license. 4. The facility shall be confined to the area identified on the plans submitted and approved by the Department Public Works. 5. The permittee shall not place or store any food trays or carts, dirty dishes, trays or carts for linen and utensils and cooking equipment on any portion of the sidewalk or roadway area of public street with the exception of refuse collection receptacles. 6. The permittee shall maintain the quiet, safety and cleanliness of the facility and location. 7. The permittee shall provide adequate storage and disposal of garbage. Noise and odors shall be contained within immediate area of the facility to not be a nuisance to the neighborhood. 8. The permittee shall prominently post and display notice urging patrons to leave the premises and neighborhood in a quiet, peaceful, and orderly fashion and to not litter or block driveways. 9. The permittee shall pick up and dispose of any containers and trash left by patrons within 100' radius area around the Mobile Food Facility. 10. The permittee shall comply with all rules and regulations of Department of Public Health (California & Health Safety Code 110005 and Business and Tax Regulations Codes), San Francisco Fire Department (Section 113 of the San Francisco Fire Code). 11. The permission granted herein is a revocable license. The Director of Public Works may only revoke said permission subject to applicable law. 12. The permit shall not be assignable except with prior written consent of the City and County of San Francisco. 13. The Board of Supervisors reserves the right to exact a rental fee for the use of the sidewalk area, in the event that such a policy is adopted. 14. The permittee and any permitted successor or assign recognize and understand that this permit may create a possessory interest. 15. No person shall produce or allow to be produced by any machine or device, music or entertainment or any combination of same, on commercial or industrial property over which the person has ownership or control, a noise level more than eight dba above the local ambient at any point outside of the property plane. With respect to noise generated from a licensed Place of Entertainment, in addition to the above dba criteria a secondary low frequency dbc criteria shall apply to the definition above. No noise or music associated with a licensed Place of Entertainment shall exceed the low frequency ambient noise level defined in Section 2901 (f) of the Police Code by more than 8 dbc. 16. No person shall produce or allow to be produced by any machine or device, or any combination of same, on public property, a noise level more than ten dba above the local ambient at a distance of twenty-five feet or more, unless the machine or device is being operated to serve or maintain the property or as otherwise provided under the Noise Ordinance in the Police Code. "IMPROVING THE QUALITY OF LIFE IN SAN FRANCISCO" We are dedicated individuals committed to teamwork, customer service and continuous imrovement In partnership with the community. Customer Service Teamwork Continuous Improvement Page 3 of 5
Exceptions lsmff-0156 From St To St Message Contact ---- L _ ----+-s_tr_ee_t ---+-------+------+--- MONTGOMERY ST LICK PL - MONTGOMERY ST I LICK PL - I Blocks with Bicycle Route designations require special attention. For details see Section 10 of DPT's Blue Book and Section 6.3 of DPW's Order No. 171.442.... -----+----- - - ------1-----------------,t--_ MONTGOMERY ST LICK PL - I MONTGOMERY ST LICK PL - DPT Blue Book Traffic Restriction. Time of day during which lanes must be kept clear: NORTH 7AM - 7PM MONDAY THROUGH FRIDAY// SOUTH 7AM - 7PM MONDAY THROUGH FRIDAY Conflict with existing Street Use 15B-0111 Permit. (415) 431-2950 Jan 22 2016-Jan 22 2017 - (415) 431-2950, -----+----------------1----- ------------1--------+--------~- ~ MONTGOMERY ST LICK PL - Conflict with existing Street Use 16MFF-0090 Refer to Agent - Mar 16 2016-Mar 15 2017 ;-------+---------+---------1-P_e_rm_i_t. ~-------+-------+R_ef_e_r_to_A_g_e_nt_+--- _ ~- MONTGOMERY ST LICK PL - Conflict with existing Street Use 16N-0179 Refer to Agent - Jul 6 2016-Jul 20 2016 Permit. Refer to Agent ------"'1 MONTGOMERY ST I LICK PL - Conflict with existing Street Use 16TOC-4061 TOW AWAY Jul 6 2016-Jul 20 2016! Permit. SIGNS NOT VALID-TOW AWAY SIGNS NOT VALID _J ---- - - l "IMPROVING THE QUALITY OF LIFE IN SAN FRANCISCO" We are dedicated individuals committed to teamwork, customer service and continuous imrovement In partnership with the community. Customer Service Teamwork Continuous Improvement Page 4 of 5
Exhibit A : Location Schedule and Food Items Location and Food Day Of Week Start time End time 1 POST ST Tuesday 6PM 8PM Truck located on south side of Post St, approx. 121 ft west of Montgomery St wrap, potatoes, roasted seasonal vegetables kale salad, beverages. 1 POST ST Thursday Truck located on south side of Post St, approx. 121 ft west of Montgomery St wrap, potatoes, roasted seasonal vegetables kale salad, beverages. 1 POST ST Friday -- Rotisserie chicken, pork loin, ribs, chicken salad 6PM 8PM -- Rotisserie chicken, pork loin, ribs, chicken salad 6PM 8PM Truck located on south side of Post St, approx. 121 ft west of Montgomery St -- Rotisserie chicken, pork loin, ribs, chicken salad wrap, potatoes, roasted seasonal vegetables kale salad, beverages. "IMPROVING THE QUALITY OF LIFE IN SAN FRANCISCO" We are dedicated individuals committed to teamwork, customer service and continuous lmrovement in partnership with the community. Customer Service Teamwork Continuous Improvement Page 5 of 5
City and County of San Francisco Edwin M. Lee, Mayor Mohammed Nuru, Director 11ll 1.\t fw'. '\JtsD~ San Francisco Public Works Office of the Deputy Director & City Engineer, Fuad Sweiss Bureau of Street-Use & Mapping 1155 Market Street, 3rd Floor San Francisco Ca 94103 (41 5) 554-5810 www.sfdpw.org I~ Jerry Sanguinetti, Bureau Manager DPW Order No: 184821 DIRECTOR'S DECISION FOR MOBILE FOOD FACILITY PERMIT NO. 15MFF-0156 AT THE FOLLOWING LOCATION: APPLICANT: ROADSIDE ROTISSERIE/ COUNTRY GRILL DESCRIPTION OF REQUEST: Mobile Food Facility Permit; Truck LOCATION: 1 Post Street- Truck located on south side of Post Street, approx. 121ft west of Montgomery Street, operating Tuesday, Thursday, and Friday from BAM to 8PM BACKGROUND: 1. The applicant filed an application with the San Francisco Public Works (SFPW) for a Mobile Food Facility (MFF) permit on November 30, 2015. 2. SFPW mailed the Notice of Intent on January 30, 2016 in accordance with Public Works Code Article 5.8, Section 184.88. 3. During the thirty (30) day public notification period Public Works received two (2) objections to the proposed MFF regarding: Public Works and the Board of Appeals recently denied an MFF from operating on Post Street fronting 99 Post Street. The proposed location is in a metered yellow zone from Monday to Friday 7AM to 6PM. The proposed location is not in an underserved area with regards to restaurants and food choices. The air quality in the adjacent building will be negatively impacted because the intake ducts for the building are on the 3rd level above Post Street. There may be additional maintenance costs for trash cleanup. 4. Subsequently, SFPW scheduled a public hearing for March 30, 2016 to consider the objections to the proposed locations. 5. Hearing Officer, Janet Ng, conducted the hearing on March 30, 2016 to consider testimony regarding the proposed locations. 6. There was one (1) testimony in opposition to the operation of a mobile food facility at the proposed location. The following are the concerns mentioned: San Francisco Public Works Making San Francisco a beautiful, livable, vibrant, and sustainable city.
Public Works denied the recent MFF applicant, Spice Affairs, from operating fronting 99 Post Street based on th~ intent of the Board of Supervisor's Resolution approving the MFF code. The location is in a yellow zone which is meant for loading and unloading within a 30 minute limit and currently existing food trucks do not operate for only 30 minutes. 7. The permit applicant testified that he currently operates two (2) food trucks in the City and works closely with the businesses in those areas; he applied for the days that the nearby MFFs do not operate; he has reached out to the local restaurants in area regarding his MFF application and they have not objected to this application; and he wants to work with everyone in the area. 8. Upon hearing the above testimony and reviewing the application, reports, plans, and other documents contained in the Public Works files, the Hearing Officer informed the attendees that she will make her recommendation to the Department following the hearing, and the decision regarding the Mobile Food Facility permit would be rendered within the next few weeks. RECOMMENDATION: CONDITIONAL APPROVAL of the request to operate a mobile food facility at the subject location. CONDITION OF APPROVAL: The Permittee may operate at the requested location on the requested days, but the hours of operation are reduced _to 6PM to 8PM. 1 Post Street - Truck located on south side of Post Street, approx. 121ft west of Montgomery Street, operating Tuesday, Thursday, and Friday from 6PM to 8PM The Permittee shall obtain all required permits/approvals from other agencies (e.g. DPH, SFFD, et al) within ninety (90) days of the Tentative Approval date of the permit. Failure to obtain these required approvals and/or permits within this time period shall result in the permit being automatically disapproved. FINDING 1: The application generally complies with the requirements set forth in Public Works Code Article 5.8 at the time of application. FINDING 2: The Applicant shall comply with the Good Neighbor Policy as described in Article 5.8 Section 184.94 of the Public Works Code, specifically with regards to maintaining a clean area within 100 feet of the proposed location, urging patrons to be quiet and respectful as they leave the area, and to contain any noise and odors in the immediate area. V/FINDING 3: The reduction in hours are with consideration of the Board of Appeal's ~ Decision on March 1, 2016 regarding Appeal No. 16-001 to uphold the Department's determination denying another Mobile Food Facility Permit to operate on the same block segment of Post Street in a yellow zone during lunchtime hours.....,,,,.~ APPEAL PROCESS: Any interested person may appeal the Approved Permit to the Board of Appeals within fifteen (15) calendar days of the date of its approval. For San Francisco Public Works Making San Francisco a beautiful, livable, vibrant, and sustainable city.
, i~ further information regarding the appeal process, please contact the Board of Appeals in person at 1650 Mission Street, Suite 304, or call 415-575-6880. -WI/ -. ~I C{..: &\":>ff 6/23/2016 6/30/2016 Sanqu inetti, Jerry Bureau Manaqer Siqned by: Sanquinetti, Jerry 6/30/2016 x Sweiss, Fuad Deputy Director and City Engineer ~(L X Mohammed Nuru Nuru, Mohammed Director, DPW Signed by: Nuru, Mohammed ~Di_00fTM 1r1' -;:::=-) 4t ~ Gu- lmw-, Tuv~~ ~ ~J5 1 ~&- 1fv-'1~ Sp~<fi>.. -1\f ee-v\ ~ ~...,...,... San Francisco Public Works Making San Francisco a beautiful, livable, vibrant, and sustainable city.