Appeal No.: 16-127 Appeal Title: SF Halal Guys vs. DPW-BSM Subject Property: 865 and 900 Market Street Permit Type: Mobile Food Facility Permit Permit No.: 15MMF-0148 Order No.: 185012 The SFPW reviewed and found our application conformed to Article 5.8 of the Public Works Code. Both locations for this permit have been determined to be ok for congestion by SFMTA and other city agencies at a multi-agency meeting called TASC. The application was denied by public hearing officer mainly due to the fact that we couldn t attend the hearing to make our side of the argument due to timing misunderstanding. We ask the board to overturn the denial of our permit. We truly offer unique and different food than anyone in the area and we have had dozens of written and oral requests that we open a push cart in this area. In fact, we have many regular customers from this area who take Uber to come and get lunch from our cart in the financial district. If approved, this permit will allow us to also serve customers at night on the weekends that are much

underserved at the moment with not many options on weekend nights. The only street food available during the day, in this most visited area of San Francisco with tens of thousands of people visiting, is hot dogs and kettle corn. Since we were one of the first mobile food cart business since the new ordinance was approved in 2012 and have operated successfully in financial district for last 3 years, SFDPH consider us the barometer for health and safety that all push carts should follow. If there is a street artist program approved between Nov 15 to Jan 15 on one of the locations where we would park the cart three days a week, then we are absolutely fine to not do business on those days from Nov 15 to Jan 15 to allow for the street program to go ahead but we don t think our whole permit should be denied based on that fact. Mohammad Iqbal Gulabzia Date:

City and County of San Francisco 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 (415) 554-5810 www.sfdpw.org Edwin M. Lee, Mayor Mohammed Nuru, Director Jerry Sanguinetti, Bureau Manager DPW Order No: 185012 DIRECTOR S DECISION FOR MOBILE FOOD FACILITY PERMIT NO. 15MFF-0148 AT THE FOLLOWING LOCATION: APPLICANT: SF Halal Guys DESCRIPTION OF REQUEST: Mobile Food Facility Permit; cart LOCATIONS: 1. 865 Market Street cart located on the east side of Market Street, approximately 80ft north of 5th Street, operating Monday, Tuesday, and Wednesday from 10AM to 10PM 2. 900 Market Street cart located on the west side of Market Street, approximately 60ft north of Cyril Magnin Street, operating Thursday, Friday, and Saturday from 10AM to 3AM (next day) BACKGROUND: 1. The applicant filed an application with the San Francisco Public Works (SFPW) for a Mobile Food Facility (MFF) permit on September 2, 2015. 2. SFPW reviewed the application for conformity with the requirements of Article 5.8 of the Public Works Code 3. SFPW mailed the Notice of Intent on March 18, 2016 in accordance with Public Works Code Article 5.8, Section 184.88. 4. During the thirty (30) day public notification period Public Works received five (5) objections for 865 Market Street and two (2) objections for 900 Market Street regarding: Increased congestion on the sidewalk Increased traffic congestion Too many carts on the same block segment Both locations are not in underserved areas Market Street at the proposed locations has a high crime area Street Artists have been approved by the San Francisco Arts Commission to operate at this location from November 15 to January 15, annually 5. Subsequently, SFPW scheduled a public hearing for May 23, 2016 to consider the objections to the proposed locations. 6. Hearing Officer, David Reyla, conducted the hearing on May 23, 2016 to consider testimony regarding the proposed locations. San Francisco Public Works Making San Francisco a beautiful, livable, vibrant, and sustainable city.

7. There was five (5) testimonies in opposition to the operation of a mobile food facility at the proposed locations. The following are the concerns mentioned: The proposed locations are not in underserved areas, and there are many restaurants within the mall and in the surrounding area The trash from the food cart could be carried into the fronting mall or other local businesses creating an increased maintenance burden Market Street, at 5 th Street, has a high vehicle accident rate and sidewalk facilities have been noted as a contributing factor The existing sidewalks on both sides of Market Street can become congested and with the street artists and an additional food cart on the sidewalk, the sidewalk capacities would be reduced The food cart could negatively impact local brick and mortar restaurants The food cart could be a visual blight on Market Street Market Street has a high crime rate and monetary transactions within the right of way during the late night hours could contribute to increasing the crime rate There are too many food carts in the area 8. The permit applicant did not attend the hearing 9. 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 he will make his 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: DENIAL of the request to operate a mobile food facility at the subject locations. DENIED: The request to operate at the proposed locations on the requested days has been denied. 1. 865 Market Street cart located on the east side of Market Street, approximately 80ft north of 5th Street, operating Monday, Tuesday, and Wednesday from 10AM to 10PM 2. 900 Market Street cart located on the west side of Market Street, approximately 60ft north of Cyril Magnin Street, operating Thursday, Friday, and Saturday from 10AM to 3AM (next day) FINDING 1: Ordinance 119-13 Section 1 (c), This legislation attempts to provide and expand the range of convenient and interesting food consumption opportunities for mobile food facilities in underserved and less congested areas of the city at different times of the day and evening. The proposed locations are not in underserved and less congested areas as they are on Market Street fronting a mall with a food court at the lower level and several other restaurants nearby. FINDING 2: Both sides of Market Street between 4 th Street and 5 th Street have high sidewalk congestion due to existing conditions, including but not limited to: tourism, shopping, MUNI Cable Car turnaround, MUNI light rail and buses, and restaurants. San Francisco Public Works Making San Francisco a beautiful, livable, vibrant, and sustainable city.

FINDING 3: Street artists have been permitted to operate in the proposed location fronting 865 Market Street annually between November 15 and January 15 by the San Francisco Arts Commission. APPEAL PROCESS: Any interested person may appeal this decision to the Board of Appeals within fifteen (15) calendar days of the date of the Public Works Director s signature on this DPW Order. For 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. 6/23/2016 6/30/2016 X Sanguinetti, Jerry Bureau Manager Signed by: Sanguinetti, Jerry 6/30/2016 X Sweiss, Fuad Deputy Director and City Engineer X Mohammed Nuru Nuru, Mohammed Director, DPW Signed by: Nuru, Mohammed San Francisco Public Works Making San Francisco a beautiful, livable, vibrant, and sustainable city.

Cohen, Brent (DPW) From: Sent: To: Subject: Categories: Muah <iqbal_24gulabzai@yahoo.com> Wednesday, May 11, 2016 10:35 AM Cohen, Brent (DPW) Re: SF Halal Guys - 15MFF-0148- Public Hearing Other Hello Brent, I will be there on May, 23 by 9:00 am Thanks Mohammad Sent from my iphone On May 9, 2016, at 10:20 AM, Cohen, Brent (DPW) <brent.cohen@sfdpw.org> wrote: Hi, Please confirm if you will be available to attend the public hearing for your MFF application 15MFF-0148 at 9am Monday May 23, 2016. If it is not scheduled for this date the hearing may have to wait until the end of June. Please also send me the photos confirming the NOI was posted at the proposed locations on Market Street. Thank you, <image002.jpg> Brent Cohen San Francisco Public Works (415) 554-5305 From: Cohen, Brent (DPW) Sent: Tuesday, May 03, 2016 10:59 AM To: 'iqbal_24gulabzai@yahoo.com' <iqbal_24gulabzai@yahoo.com> Cc: Fong, Lynn (DPW) <lynn.fong@sfdpw.org>; Shah, Rahul (DPW) <Rahul.Shah@sfdpw.org>; Chan, Gene (DPW) <Gene.Chan@sfdpw.org>; Diaz, Jonathan (DPW) <Jonathan.Diaz@sfdpw.org> Subject: SF Halal Guys - 15MFF-0148- Public Hearing Hi, Please send me photos verifying the notification was posted on poles at the proposed locations 865 and 900 Market Street. Also, I have received a number of objections to both locations, please see attached. As a result of the objections I will schedule a public hearing. Please confirm if Monday May 23, 2016 at 9am at City Hall will work for you. Please send me an email regarding the hearing date by Monday May 9, 2016. Regards, 1

City and County of San Francisco Tails Ordinance City Hall 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 File Number: 120193 Date Passed: June 25, 2013 Ordinance amending the Public Works Code, Article 5.8, to address various locational and noticing requirements concerning mobile food facilities; and making environmental findings. June 10, 2013 Land Use and Economic Development Committee -AMENDED June 10, 2013 Land Use and Economic Development Committee - RECOMMENDED AS AMENDED June 18, 2013 Board of Supervisors - PASSED, ON FIRST READING Ayes: 11 -Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener and Yee June 25, 2013 Board of Supervisors - Fl NALLY PASSED Ayes: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener and Yee File No. 120193 I hereby certify that the foregoing Ordinance was FINALLY PASSED on 6/25/2013 by the Board of Supervisors of the City and County of San Francisco. Angela Calvillo Clerk of the Board Date Approved City and County of San Francisco Page2 Printed at 1:10 pm on 6126113

FILE NO. 120193 AMENDED IN COMMITTEE 6/10/2013 ORDINANCE NO. //C/-/-3 1 [Public Works Code - Mobile Food Truck Facilities Locational Requirements] 2 3 Ordinance amending Public Works Code, Article 5.8, to address various locational and 4 noticing requirements concerning mobile food facilities; and making environmental 5 findings. 6 7 8 9 NOTE: Additions are single-underline italics Times New Roman; deletions are strike through itelics Times } 1 lew Romen. Board amendment additions are double-underlined; Board amendment deletions are strikethrough normal. 1 O Be it ordained by the People of the City and County of San Francisco: 11 Section 1. Findings. 12 (a) The Planning Department has determined that the actions contemplated in this 13 ordinance comply with the California Environmental Quality Act (California Public Resources 14 Code Sections 21000 et seq.). Said determination is on file with the Clerk of the Board of 15 Supervisors in File No. 120193 and is incorporated herein by reference. 16 (b) As one of the densest cities in the nation, San Francisco experiences significant 17 pedestrian congestion on its sidewalks, limited on-street parking and loading, and impeded 18 traffic flow from different travel modes and vehicles, particularly in its commercial zones and 19 areas with a concentration of restaurants and food service uses. Restaurants also can create 20 a crowded pedestrian area given waiting patrons that cannot be accommodated inside and 21 smoking prohibitions. which require patrons to stand outside. as well as the usage of outdoor 22 seating. These factors can contribute to the shortage of space on adjacent sidewalks. 23 Pedestrian congestion and path of travel difficulties are compounded by limited sidewalk 24 width, door swing from parked vehicles, accommodation for path of travel and disability 25 access along the sidewalk and between the sidewalk and vehicles parked in disabled parking Supervisor Wiener BOARD OF SUPERVISORS Page 1 6/10/2013

1 zones, the number of private and public utility infrastructure elements, abundance of street 2 furniture, and other encroachments, such as cafe tables and chairs, display merchandise, 3 kiosks, and newsracks. 4 (c) This legislation attempts to provide and expand the range of convenient and 5 interesting food consumption opportunities for mobile food facilities in underserved and less 6 congested areas of the City at different times of the day and evening. Also. by limiting a 7 single facility's days to use a particular location during the course of a week. this Ordinance 8 will encourage and provide for areater opportunities for diversity of mobile food facilities in the 9 locations where different vendors will appear on a rotating basis. In addition, it attempts to 1 O preserve safe pedestrian movement, protect on-street parking and loading in such a way that 11 allows regular turnover and use of this limited resource, and provide for less constrained 12 vehicular flow and bicycle access. 13 (d) The City must exercise care and consider public safety in addressing appropriate 14 locations for mobile food facilities in order to: (1) minimize conflicts between pedestrian 15 movement and customers frequenting mobile food facilities at high pedestrian use times in 16 congested areas of the City, particularly near existing restaurants with standard hours of 17 operation; (2) maintain availability of limited on-street parking in light of such facilities use of 18 one or more parking spaces for multiple hours in a single location at times of high on-street 19 parking usage; (3) discourage infringement on loading and drop-off zones by such facilities: so 20 that these limited spaces are available for regular service and delivery demands of existing 21 businesses and uses; and (4) avoid double parking and associated vehicular congestion that 22 occurs with reduced on-street parking that is more scarce when occupied by such facilities. 23 Consequently, the locational restrictions included in this legislation are intended to address 24 these public concerns. 25 Supervisor Wiener BOARD OF SUPERVISORS Page2 6/10/2013

Notice of Intent for a Mobile Food Facility Permit # 15MFF-0148 This Notice of Intent is given pursuant to DPW Code Article 5.8 and DPW Order No. 182,101, approved. The Director of Public Works has received a request to occupy a portion of the public right-of-way for the purpose of operating a Mobile Food Facility. Mobile Food Facilities encourage the use and vitality of San Francisco s neighborhoods. The vitality of our streetscapes directly benefits the economic activity for all commercial interests in the San Francisco. THE APPLICANT SF Halal Guys HAS REQUESTED A PERMIT TO OPERATE A MOBILE FOOD FACILITY IN THE PUBLIC RIGHT- OF-WAY AT: Items to be sold: Location and Food Day Of Week Start time End time 865 MARKET ST Monday 10AM 10PM Cart located on east side of Market St, approx. 80ft north of 5th St--Gyro over rice, chicken over rice, or gyro wraps 865 MARKET ST Tuesday 10AM 10PM Cart located on east side of Market St, approx. 80ft north of 5th St--Gyro over rice, chicken over rice, or gyro wraps 865 MARKET ST Wednesday 10AM 10PM Cart located on east side of Market St, approx. 80ft north of 5th St--Gyro over rice, chicken over rice, or gyro wraps 900 MARKET ST Thursday 10AM 3AM Cart located on west side of Market St, approx. 60ft north of Cyril Magnin St--Gyro over rice, chicken over rice, or gyro wraps 900 MARKET ST Friday 10AM 3AM Cart located on west side of Market St, approx. 60ft north of Cyril Magnin St--Gyro over rice, chicken over rice, or gyro wraps 900 MARKET ST Saturday 10AM 3AM Cart located on west side of Market St, approx. 60ft north of Cyril Magnin St--Gyro over rice, chicken over rice, or gyro wraps SF Halal Guys Telephone #: 510-857-4481 Plan Checkers Initials: BC For more information please call the Bureau of Street-Use and Mapping at (415) 554-5810. Notice of Intent Date: 03/18/2016 Final day for a public protest: 4/17/2016 Any interested party may request additional information, submit letters of support or objection online at http://bsm.sfdpw.org. Click on Comment on Permit and enter 15MFF-0148. Written letters may be submitted by mail directly to Department of Public Works, Bureau of Street-Use & Mapping, 1155 Market St, 3rd floor, San Francisco, CA 94103, Attention: Mobile Food. All comments and envelopes must be received or postmarked no later than 5PM on 4/17/2016.