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tv   [untitled]    November 12, 2010 11:30pm-12:00am PST

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you is the motion for approval, to see the modifications outlined in the letter. and deleting paragraph number two. on this motion? >> commissioner? >> aye. >> aye. >> thank you. the motion passed, unanimously. >> this is item number six. >> we will move in nine directly after this. >> item #6 is case no. 2,010.0918, the consideration of the ordinance with multiple food -- multiple use -- global food
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facilities, with a category of temporary uses. >> you do not look like a gorilla to me. >> i was going to do my impression but i do not want to be on the highlight will tonight. >> thank you. i am excited to be before you with legislation looking at the street food, and updating some of the city rules and regulations. some of the most important aspects of this are not directly addressed in the legislation. many of these would be regulated in the police department. the fees have been very expensive and the directions not very clear. people have struggled to get their locations. when we have seen an explosion of interest in street food and the potential to activate the
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interspaces to create community and safety, addressing the other issues and a local food vendors outside of this establishment. and this would help people go hall more sober than they would otherwise go. heyward -- i would like to thank the planning staff, and the office of economic development. we have seen a lot of activity around this with community-based organizations. this is a foothold in san francisco and a way to build businesses. i would like to thank kevin leslie, who has been extremely thoughtful and has participated in a number of discussions and has been talkative with these efforts. and i think that this legislation really does
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recognize the realities of this industry and that we should not be treating the interment news like bricks and mortar -- use white bricks and mortar. i will sit down and let the other colleagues made their comments. -- make their comments. >> and good afternoon. i would like to outline the structure of what we are going to do this afternoon so that we can be mindful. i have seven quick slides to show you. what this would mean, as familiar faces here from the mayor's office to speak briefly to some of the key components of this reform effort. and the small business commission -- there is the
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recent action that they took in regards to this piece of legislation. with this, if we could have the overhead? madam secretary? the street food is regulated extremely difficult -- differently right now, with the mobile food facilities, which is also known as the street food. outside of the mobile food facilities, this is within the jurisdiction. this is in the parks and all those private properties. within the public right of way, we have no jurisdiction, and as a supervisor just mentioned, this is the lead. everything that i will say deals exclusively with the role on private property.
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moving forward, just by way of the background, the planning code treats these facilities as if they were bricks and mortar restaurants. they do not fit within the temporary current use provisions, and we had no other choice but to regulate them as permanent use. that means is conditional use requirements, that apply to the self-service restaurants, would be applying to the local food facilities. given that the mobile food facilities are, by definition, mobile and not permanent, we do not believe that this is entirely appropriate, and that is why we have this legislation. the primary thing is to have more temporary uses, uses that qualify under this category. they may be approved for one
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year on a renewable basis, so long as they meet a series of conditions. the interim and activity must be located outside the building and residential districts, and they may only operate in the principally permitted hours of operation in the district where they are located. lastly, and most significantly, this can only be on the side for either 324-hour days every week, or no more than 612-hour days -- six spac-- athree 24-hor days every week, when no more
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than six -- or no more than six 12-hour days. this is for the neighborhoods and the mixed use districts. in these areas, if the facilities are comprised of more than 225 square feet, which is more and less a single catering truck, or if the mobil facility is located within 50 feet of a residential district, then the proposal must go through this before any possible approval. one of the key things right here in the activity category if the board will approve this. this may supplement the existing controls. this is permanent land use. if they wanted to operate for seven days a week, or what to do
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anything else that would not be allowed under this activity, they could seek to do so using the permanent land use controls, and the last slide, we are recommending the approval of this legislation and this is a solid step forward. this is a use that may take a parking lot or a gas station to activate the space. this brings amenity to the neighborhoods and boasts a cultural offering. through this legislation would be placing constraints. appropriate constraints that affect the potential for any significant neighborhood impact. perhaps with that, we could hear from mr. rich and mr. schulman and we would be happy to answer your question. >> good afternoon. i am from the office of workforce development.
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this is the first time i have been here in this capacity. i have a few words about how we are working with the planning department to streamline these rules and the process for the local food vendors. as you are aware, there has been an explosion in these industries nationally and in san francisco in the last couple of years. we're interested in promoting them, for the entrepreneurs who have never before run a business. and to get them into a low barrier for entry. i think that this is very important because it will add to the riches of the city and also helps us to activate the public space. the only problem is that we are trying to be very careful to make certain that in making things easy for the mobile food vendors, we are being fair to the bricks and mortar food establishments. we have worked a lot with the golden gate restaurant
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association in developing this legislation with the other stakeholders. and we will have this legislation before you. there has been some evidence to show that the additional activity and interest created by the mobile food vendors was helping the local neighborhood. we are doing a couple of other things i would like to tell you about. the first is a companion piece of legislation introduced by supervisor dufty. this would create a new process for the public food vendors on the right of way, in this jurisdiction. this does not amend the planning code and this is not before you. this will go to the board of supervisors with the peace that is before you. to describe this, the companion legislation is amending the public works code to move the jurisdiction from the police department wettest currently
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resides, to the department of public works. they would apply to the department of public works for the streets or sidewalks, and this would be granted after they make certain that these locations are appropriate. and that they meet all of -- and that they meet all of the requirements. and it would make a requirement for the businesses within 300 feet that allow these businesses within 30 days of receiving notice to reject for whatever reason for these permits. and then this comes to a hearing before the permit office. if i could set up a rational process between these issues, we are also working on establishing a program that will allow people with moderate income to launch these businesses, and this is a project that is being developed now. this would include a loan program and a measuring component, and assistance
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identifying these locations. i am available for questions. >> this is a pleasure to speak to you. my job for many times in the neighborhood. i would like to speak very briefly to this proposed ordinance. the commission has been involved with the street food issue, this is an issue that everyone is very passionate about. we signed -- we give the gratitude to supervisor dufty, who has been working very hard to make this a reality. one of the main things that the commission has found to be very important was the use was defined in six days because this adjusts the realities of the industry. the commissioners found that the definition that was worked out
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six days a week, of 12 hours and three days a week, was very pragmatic. with this -- the commission -- the stakeholders in the various industries, the mobile food industry along with the bricks and mortar industry, and then planning, were making -- were working very hard to make an ordinance that hopefully will be working very well. thank you. >> i have one speaker card. >> i am honor to be here. this has been a very impressive process so far. going back to april, i was fortunate enough to be invited by the supervisors and the other
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key players in helping to have a voice in this process. i have just opened the most over the top catering truck in the history of the world and we hope that this has a place in the city. i am encouraged by all of this legislation. i just want to have a couple of observations here. i think that this is imperative to legitimize the use, not only for the tacos and sliders, but in my business, we have seen the future of the street food movement, is international chefs taking over for a day or two. we have had a nationally renouned chef in our vehicle. this is not a trend.
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this is a legitimate direction. my one issue with the existing legislation concerns the footprint of 225 square feet, this is on page 5, line number 11. the edification should be given if this is over 225 square feet. the solution to the idea that we would be in the upper market castro district. we have been transitioning away from this area. the neighborhood association was very strong in this area. one reason i built this vehicle, with indoor seating, and yes, you heard about this, the one issue has been always,
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and people going around, especially if you are in the adjacent district. i may want to operate in nct if there is a designation right next to this. my original solution was to have a vehicle with a few seats. their original idea was to have a 30-foot school bus. if i can continue, this would be great. we did this to reduce the impact on the neighborhood. .
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i run off the grid in san francisco, which runs mobile food events in the parks and other locations. i want to praise the mayor's office, dan sider, the planning department. everyone has done our reach to find what is right for all the stakeholders involved. this legislation is not perfect. there are minor tweaks that i think a lot of vendors would say are maybe 85% of the way there. for the most part, i personally can speak and say i am very supportive of it, and thank you very much for considering it. president miguel: thank you. >> brad colorado. i was not planning on speaking. i just wanted to mention to
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those of you who have been to providence the haven brothers diner in front of city hall. i do not think it is 36 feet long, because it has to be towed. every time i go back, i have a cheeseburger and a piece of pie. it is open from 8:00 at night until 4:00 in the morning. it creates real activity around city hall when it would otherwise be dead. the food is really good. i would take this gentleman's comments to heart and see if there is a way we could encourage more diverse kinds of mobile food like the haven brothers in providence. thank you. president miguel: thank you. is there additional public comment on this item? if not, public comment is closed. i was excited to see this item come in front of us. i am a fan and user of mobile food trucks. mr. sider, i have a couple of questions to clarify two items. there is not a truck but a
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trailer, if my memory is correct, parked in a parking lot at second and howard that serves crepes. it is there. it is a commercial parking lot. it has the outside corner. i presume that would have to be considered a permanent establishment and have to have the correct permits. >> commissioners, dan sider, department staff. that is correct. one note would be that in a number of the downtown districts, particularly the c3 district, permits for restaurants or -- are more flexible than they would be elsewhere. president miguel: i do know of a number of people who have given parties in their homes for one reason or another, and as part of the, if not all of the, food service, have contracted with
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one or more mobile food trucks to come and parked in front of their house and their neighbor pact house. -- and their neighbor's house. this is strictly residential. what do we do about that? i mean, it works. >> it is an observation i and others have made as well. it is an interesting idea. what i think is relevant here is that those facilities are parked either on the public right of way or on the sidewalk, both public right of way where we for better or worse do not have jurisdiction. i imagine mr. rich could elaborate on what the new controls may be in those instances. >> in terms of -- the issue you bring up would be more properly addressed under the companion legislation. the trucks would be parking probably on the street in front of the house where the party is. the legislation as currently proposed would not allow any
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sort of ongoing permit in a residential district, but it would allow, to the same process to go through to block off a parking space for construction activity -- it would allow a truck with a few days of notice and a small fee to get permited to be for a day on the street right there. my understanding is that would also be ok in residential districts. dpw would not be able to issue an ongoing permit in a residential district. >> while you are there, would you care to comment on the size regulation? >> the one the gentleman spoke about? it seems reasonable to me. i your supervisor -- hear supervisor dufty saying he would like to make the change. i have to hear from the planning department, but from my
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perspective is fine. president miguel: things to grow as they become popular. vice president olague: i support the legislation and would be open to amending it to include up to 300, i heard. i guess i mentioned it did include a reduction in fees, which i think is quite important. these guys are barely making it, many of them. finally, i guess, every weekend now, they have a bunch of different trucks that gather with food and stuff. i guess that is a potential pay to park site. that is something the department might be looking at. >> that was a actually something that my office put together in partnership with matt cohen. it is operating under a special event permit right now.
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my assumption is that probably it would be made permanent, should that the desire of -- should that be the desire of everybody. as an alternative, that land could be vacated and then would be permitted under the rules you are hearing today. either way, we are putting in place something that allows the city to have that happen all the time if that is the desire. vice president olague: i guess there is no time constraint as to when the trucks can be open, serving food? i did not notice that. i was just wondering. >> on private property space, under this legislation, there would be notable constraints, particularly a choice for the operator to make of either being on premises for three full days each week, three full 24-hour days, or 612-hour days. -- or six 12-hour days.
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president miguel: is there a restriction on the actual hours? >> there is in districts where there are permanent uses. in nc districts, they must up provide -- they must abide by those principally permited hours. vice president olague: i was just the of -- i was just responding to comments encouraging events at a certain time. there are not many places now i know of open beyond 1:00 or 2:00. i wish there were. the city goes to sleep really early, i think, compared to some other cities. finally, i think there are many -- is there a language to her you are doing our reach, or reaching out to folks? are they mostly modeling will speakers?
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-- are they mostly monolingual speakers? is there language training and that sort of thing? >> i will say that la cocina sponsored an information center that talked about these pieces of legislation. they did transition into spanish. the program oewd is developing will definitely do with language issues. it does to outreach in chinese -- does do outreach in chinese. vice president olague: i am going to move to approve with the modifications. with the modification of increasing the size. commissioner antonini: i am supportive of this. i think it is good legislation, and there is still regulation, of course. you're just moving it to a
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different place, and there will be oversight on health and sanitation, as there would be with any other food service, be it bricks and mortar or mobile. i think this is a movement towards a lot of people who are seeking quicker and kind of on the run, particularly for lunch. everybody is busy. this works as well as the indoor seating in established bricks and mortar tight places. there is some competition. it is not the worst thing. i think that i agree with the way it is being done, and i think you will probably be helpful to put this into a place where the monitoring is more properly done by the agencies that are part of this legislation. commissioner moore: i think this is a great idea. i am in full support. i would just like to ask that staff quickly checks the space standard. a car space is 25 feet, if anyone wants to imagine what that is like. if there is something between a
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custom designed vehicle or what a normal person would do, that could be two-tiered. you could either get one or the other. but make sure that if you are 75 feet over, that the increase will meet the average and not just a custom-designed vehicles. i think that would be fair and i would support that. commissioner sugaya: i am starting to see these in the financial district. i have a couple of clarifying questions. if this passes and it applies to mmfs which are defined here in finding number one and gives and -- and gives as an example pushcart vendors, does that mean we are all of a sudden getting jurisdiction over like blue bottle in dolores park, or not?
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because parks and re histc s -- because parks and rec seem to be moving in the direction of adding more vendors in part areas. i would hate to get the planning commission suddenly involved in a lot of small-vehicle vendor things like hot dogs, a little small ones. >> the regulations would apply to the universe of mobile food facilities, from smaller pushcarts on to catering trucks and buses and everything in between. with respect to park properties and other areas that have been reviewed that are sort of unconventional private property -- commissioner sugaya: rec and park is the one that came to mind. >> we might be able to clarify that process. >> i wanted to make it clear that the legislation in front of
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you would issue permits for something on rec park. it is everything that is not public right of way. although it is city-owned, it is not public right of way, so it falls under this. the best way to think about this is that the first thing a vendor does before the go through this process is get permission of the property owner to be there. the process that rec park or any city agency would go through with public outrage is before. this is just issuing a permit. it is a much more mechanical process. the decision about what kinds of vendors and how many will be in the hands of rec park or by the owner of a piece of private property. the department is issuing a permit that says it complies with the zoning. the other issues are the property owner issues. if the property owner is the city, there will be a public process around it, but that will no y