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Planning Commission approves Rustic Pizza outdoor area with 9-month noise-monitoring trial

San Francisco Planning Commission · October 10, 2013
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Summary

The Planning Commission approved a conditional-use authorization for an outdoor activity area at Rustic Pizza (333 1/2 Fourth St.) with conditions including construction of noise-reducing walls before opening, no amplified outdoor music, an acoustical report and a nine-month monitored trial that limits bocce and outdoor hours.

The San Francisco Planning Commission voted unanimously on Oct. 10 to allow Rustic Pizza to operate an outdoor activity area behind its Mission Street restaurant under a set of conditions intended to limit noise and protect neighboring residents. The commission approved a nine-month pilot period, required physical sound-buffering measures to be reviewed before a building permit is issued and barred outdoor amplified music during the trial.

Planner Danielle Harris told commissioners the proposal would create an approximately 1,200-square-foot outdoor deck with seating and two bocce courts. Harris said staff received 28 letters of support (and a petition of 354 signatures) and 22 letters of opposition citing noise, hours and permit concerns. Harris recommended approval with conditions including an acoustical plan and a pilot period to evaluate impacts.

Project owner Ted Hand told the commission the outdoor space is critical to the business’s viability and described several concessions made after neighborhood outreach. “If we do not open this outdoor dining area soon, we may suffer significantly,” Hand said, asking for the commission’s consideration of the revised proposal. The applicant agreed to shorten bocce hours and to other operational limits offered to neighbors.

An acoustical consultant retained by the applicant described a program of on-site measurements during peak hours, speaker-placement and barrier options and said the consultant would monitor and report results over the trial period. The commission required that adequate sound buffering be reviewed and approved prior to issuance of the building permit and that the acoustical consultant provide follow-up monitoring during the nine-month trial.

Neighbors who live immediately adjacent to the patio told commissioners the proposal, as built, was too close to bedroom windows and urged more time for a formal noise study and stronger limits on hours. Barbara Blong, who said her apartment windows open onto the proposed yard, said residents needed a “serious plan for noise abatement before entering into a conditional-use agreement.” Supporters, including neighborhood business owners and community organizations, described Rustic as family-oriented and said the outdoor space would bring community benefits.

In debate, commissioners pressed the sponsor on permits, occupancy limits (the Department of Building Inspection determined an occupancy of 49 for the space by square footage), and enforceability. The sponsor agreed the outdoor area would not open until walls and necessary permits were in place. The commission’s conditions include: pre-issuance review and approval of sound-buffering measures; no outdoor amplified music during the nine-month trial; bocce courts ending at 8:00 p.m.; the outdoor area to close at 9:00–10:00 p.m. during the trial (exact hours subject to the zoning administrator’s monitoring authority); ongoing monitoring and a post-construction acoustical report; and that ABC and other required permits be obtained as applicable.

The motion to approve with the conditions passed unanimously, 7-0. The commission scheduled an informational return during the trial period to review acoustical findings and compliance.