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Board continues City Lights sound-transmission appeal as neighbors and owners negotiate
Summary
City Lights Partnership and a downstairs neighbor reported progress on sound-transmission mitigation while disputing the legal basis of a notice of violation; the board continued the matter and discussed combined variance/notice processes.
The San Francisco Board of Appeals on June 13 continued an appeal involving City Lights Partnership (Leavenworth Street) after the parties reported ongoing negotiations to address upstairs-to-downstairs noise.
Andrew August, counsel for City Lights, said the restaurant had hired an acoustical engineer and that parties were exchanging proposals; he asked the board to rule on the underlying legal question while negotiations proceed. Edward Hartley, representing downstairs neighbors John and Angela Boydston, presented an acoustical report that recorded sound transmissions “approximately 5 or more decibels above” background and described a mitigation plan covering mechanical fixes and building-rule amendments.
Commissioners discussed whether the board should resolve the notice-of-violation question now or continue to allow negotiations. Several commissioners said they preferred settlement but wanted clearer evidence about the intensity of use and any legal basis for a Notice of Violation. The board ultimately granted a continuance to allow the parties more time to negotiate and scheduled follow-up dates; after discussion the board continued consideration and set a future hearing date (the calendar was later set for September 12 to allow time for resolution).
