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Tenants press Planning Commission for stronger enforcement after Tacolicious complaints; staff to retest noise in 3 months

San Francisco Planning Commission · September 27, 2012
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Summary

Neighbors and tenant advocates said Tacolicious’s outdoor seating, late-night activity and equipment noise have disturbed upstairs residents; restaurant owners and an acoustical consultant said measurements show rooftop equipment complies with the city's noise ordinance. The commission asked staff to perform another sound check in about three months and report back.

Residents living above 741 Valencia Street told the Planning Commission they continue to suffer nighttime disturbances from the Tacolicious restaurant’s outdoor seating area, deliveries and periodic construction or cleaning activity.

At an informational hearing required six months after opening, planning staff summarized multiple complaint categories: patron noise, hours of outdoor activity, light pollution, garbage storage and cleaning crews working late. The Department of Public Health and a Charles Salter acoustical study measured the restaurant’s fixed equipment noise and found it in compliance with the San Francisco Noise Ordinance, according to staff.

Tenants and their advocates described repeated late-night events that they said have led to chronic sleep loss, disrupted rest, and fear of safety impacts. Raquel Fox, a housing attorney representing tenants at 739 Valencia, said residents are sometimes woken at 2–4 a.m. and asked for reduced outdoor hours and additional mitigation such as sound-rated windows or changes to noisy operations.

The restaurant’s owner, Joe Hargrave, and partner Telmo Faria said they have cooperated with neighbors and made building upgrades — including replacing a rooftop blower motor and changing cleaning crews — and said they have offered residents window upgrades. Acoustical engineer Christina Meyar said roof‑top and mechanical sources tested in follow-up measurements comply with the municipal noise standard; she recommended sound‑rated windows to reduce patron noise for the upstairs neighbors.

Commissioners expressed sympathy for tenants and urged stronger ongoing communication between the restaurant and neighbors. They did not change conditions or hours at the hearing. Instead the Planning Commission directed staff to perform another sound measurement and compliance check in roughly three months and to report back to the commission by memo. Commissioners also suggested mediation between the parties and asked the restaurant to avoid overnight deliveries and to warn tenants in advance about any nighttime work.

The commission did not impose new permit conditions at Thursday’s hearing; it kept the informational hearing open and asked staff to continue monitoring compliance.