Board of Appeals upholds Lost Resort patio permit over neighbor’s noise appeal

The San Francisco Board of Appeals voted 5-0 to deny an appeal from a nearby resident who asked the board to revoke a permit for a seasonal patio awning at the Lost Resort, 2736 Twentieth Street. President Honda moved to deny the appeal and uphold the permit, and commissioners Lopez, Lazarus, Chang and Vice President Rick Swig voted Aye.

The dispute centered on noise. Appellant Todd Presley said modifications completed in 2019–2020 and a November 2021 awning installation created a gap that “funnels and amplifies the patio noise toward neighboring homes, including mine on York Street,” making noise “regularly audible inside my home 7 days a week.” Presley asked the board either to revoke the permit (permit no. 202110281322) or require the operator to change the awning and work with neighbors on mitigation.

The permit holder, identified in the hearing as Mr. Valentine, said the business reopened after a remodel and needs covered outdoor seating during the rainy season and the pandemic. Valentine said the operators have reached out to neighbors, that Alcoholic Beverage Control (ABC) and the Entertainment Commission have made unannounced site visits and issued no citations, and that staff instruct patrons and close the patio nightly. He said the owners would “be happy to do anything we possibly can” to reduce sound and offered to contact Presley to pursue acoustical fixes if the permit is upheld.

Tina Tam, Deputy Zoning Administrator for the Planning Department, told the board the patio framing permit was properly reviewed and found compliant with the Planning Code; she noted the Planning Code generally does not regulate noise and that the department would support redesign if a cover could reduce noise impacts. Senior Building Inspector Matthew Green said the permit was approved and issued properly and that DBI would support changes if the permit holder pursued mitigation.

Several callers during public comment urged the board to reject the appeal, saying the Lost Resort adds neighborhood vitality and that they do not hear disruptive noise from across the street. After discussion the board concluded the permit had been issued correctly under department review and encouraged the parties to collaborate on acoustical mitigation.

The motion to deny the appeal carried 5-0. The board did not order revocation; commissioners urged the permit holder to follow through on outreach and mitigation steps. The meeting adjourned following the vote.