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Board of Appeals continues Live Fit gym noise appeal to Nov. 13 for plans and acoustical testing
Summary
After hearing competing testimony and audio evidence, the Board of Appeals continued an appeal by an upstairs resident alleging noise from Live Fit gym at 1094 Bush St., directing the Building Department to provide the approved ceiling/2‑hour assembly detail and allowing both parties to submit third‑party acoustical testing before a Nov. 13 hearing.
The San Francisco Board of Appeals on Thursday continued an appeal over noise from Live Fit Gym at 1094 Bush Street to Nov. 13, directing the Building Department to produce the approved ceiling detail and allowing both sides to submit independent acoustical measurements and up to 10 pages of briefing.
The appellant, speaking under oath, told commissioners he has been disturbed by noise since the gym opened in March and played recordings and phone‑app decibel readings to illustrate dropped weights and treadmill impacts. “They skimped out on the cost, that’s why we’re here,” the appellant said, arguing that the ceiling and insulation installed do not match what was required on earlier plans and that the apartment above suffers ongoing impact noise.
Jack McMahon, representing Live Fit, said the gym sought to mitigate sound, added layers of sheetrock, installed speaker isolators and rubber flooring under treadmills and is operating under DBI’s temporary certificate of occupancy. “Our goal as a gym is to promote the wellness aspect, and that involves a certain sense of quiet,” McMahon said, and he noted petitions from nearby tenants who signed in support of the gym.
Scott Sanchez of the Planning Department told the board the site is zoned RC‑4 (residential‑commercial high density) and that a gym is a principal 'personal service' use under the planning code, which does not impose hours or require sound testing. Joe Duffy of the Building Department said inspectors had reopened ceiling areas to verify construction and that the department required a 2‑hour fire‑rated assembly between the commercial ground floor and residences above; he said there are several gypsum/manual details that can meet that 2‑hour standard, and that DBI’s immediate concern is the fire rating even though different approved assemblies have varying acoustical properties.
Several commissioners said the record lacked the approved plan detail needed to confirm which assembly was implemented and how it would perform acoustically. Commissioners asked DBI to submit the approved ceiling detail and for both parties to give the board third‑party acoustical analyses of projected sound levels and mitigation effectiveness. Commissioner Toto moved to continue the matter to Nov. 13 so DBI could provide the approved plan detail and both sides could submit acoustical testing results; the motion passed 4‑0 (Vice President Anne Lazarus absent).
The hearing is continued to the board’s Nov. 13 meeting. Parties were instructed that each side may file up to 10 pages of written argument one Thursday prior to the hearing (excluding acoustical reports and exhibits) and may submit unlimited exhibits, including test results.
