CHAPTER 116:
COMPATIBILITY AND PROTECTION FOR RESIDENTIAL USES AND PLACES OF ENTERTAINMENT

Sec. 116.1.	Declaration of Policy.
Sec. 116.2.	Definitions.
Sec. 116.3.	Exemptions and Nonapplication.
Sec. 116.4.	Protection for Existing Places of Entertainment.
Sec. 116.5.	Planning Department Notification to Project Sponsors and Acceptance of Development Permits.
Sec. 116.6.	Acoustical Measurements by Entertainment Commission Staff.
Sec. 116.7.	Entertainment Commission Hearing.
Sec. 116.8.	Disclosure Requirements for Transfer of Real Property for Residential Use.
Sec. 116.9.	Notice of Special Restrictions.
Sec. 116.10.	No Private Right of Action Against City.
Sec. 116.11.	Projects for Which a First Construction Document Has Not Been Issued Before the Effective Date of Chapter 116.

 

SEC. 116.1. DECLARATION OF POLICY.

   It shall be the policy of the City to protect existing Places of Entertainment from potential conflicts with adjacent and nearby residential development uses, hotel uses, and motel uses, provided that such Places of Entertainment are operated and maintained in accordance with all applicable federal, state, and local laws and regulations, including applicable noise restrictions. The City encourages the use by developers of residential projects, hotels, and motels of best available noise control technologies and best management practices whenever possible to reduce the potential for conflict with Places of Entertainment.

   Furthermore, it shall be the policy of the City to protect the future residents of industrial, commercial, and mixed-use neighborhoods in which Places of Entertainment operate, by providing notification processes to inform such residents of the possible noise levels in such neighborhoods and by requiring design features in new residential construction to promote the compatibility of residential uses and entertainment uses in adjacent or nearby Places of Entertainment.

(Added by Ord. 70-15, File No. 141298, App. 5/21/2015, Eff. 6/20/2015; amended by Ord. 47-17, File No. 161064, App. 3/10/2017, Eff. 4/9/2017)

SEC. 116.2. DEFINITIONS. *

   For the purposes of this Chapter 116, the following definitions shall apply.

   " City" means the City and County of San Francisco.

   "Development Permit" means any land use permit or entitlement, including but not limited to any building permit, site permit, Conditional Use authorization, variance, or decision based on discretionary review of a proposed project, where the project meets at least one of the following criteria:

      (1)   the project is subject to the Planning Department's requirement for a Preliminary Project Assessment for residential use, pursuant to Planning Department policy;

      (2)    the project is subject to the Planning Department’s requirement that a Pre-Application Meeting be held for new construction, pursuant to Planning Department policy;

      (3)   the project proposes a change of use of a structure from non-residential use to residential use; or

      (4)   the project proposes the new construction of a Hotel or Motel, or change of use to a Hotel Use or Motel Use.

   “Hotel” is defined in Section 102 of the Planning Code.

   “Hotel Use” means the use of any real property as a Hotel, regardless of whether it is a mixed use property.

   “Motel” is defined in Section 102 of the Planning Code.

   “Motel Use” means the use of any real property as a Motel, regardless of whether it is a mixed use property.

   "Place of Entertainment" is defined in Section 1060 of the Police Code.

   “Project” means a structure for Residential Use, Hotel Use, or Motel Use, where the structure’s exterior boundaries are within 300 radial feet of a Place of Entertainment that has been permitted for 12 or more consecutive months prior to the filing of the first complete application for a Development Permit for construction of the Project structure or for its conversion to Residential Use, Hotel Use, or Motel Use.

   "Project Site" means the lot or lots on which a Project is located.

   "Residential Use" means the use of any real property as a dwelling unit or units, regardless of whether it is a primary residence or a mixed use property.

   "Transfer" means sale or lease.

   "Transferee" means a purchaser or lessee of all or any portion of a structure for Residential Use, the exterior boundaries of which are within 300 radial feet of a Place of Entertainment, and includes but is not limited to the purchaser or lessee's partners, employees, assigns, successors, representatives, and heirs.

   "Transferor" means an owner of a structure for Residential Use, the exterior boundaries of which are within 300 radial feet of a Place of Entertainment, who sells or leases all or any portion of the structure to a Transferee, and includes but is not limited to the owner's partners, employees, assigns, successors, representatives, and heirs.

(Added by Ord. 70-15, File No. 141298, App. 5/21/2015, Eff. 6/20/2015; amended by Ord. 47-17, File No. 161064, App. 3/10/2017, Eff. 4/9/2017)

SEC. 116.3. EXEMPTIONS AND NONAPPLICATION. *

   (a)   This Chapter 116 does not supersede or limit any other provision of the Municipal Code, including but not limited to the Police Code, Building Code, Health Code and Planning Code, regarding the regulation and control of Nighttime Entertainment Uses as defined in the Planning Code.

   (b)   This Chapter 116 does not authorize a change in use or uses where such is otherwise controlled or prohibited by the Municipal Code or state or federal law.

   (c)   This Chapter 116 does not authorize the continuation or expansion of a nonconforming use where such is otherwise controlled or prohibited by the Municipal Code.

(Added by Ord. 70-15, File No. 141298, App. 5/21/2015, Eff. 6/20/2015)