Board adopts ordinance to require noise attenuation for new housing near entertainment venues

The San Francisco Board of Supervisors voted unanimously on April 21 to adopt an ordinance that amends the building, administrative, planning and police codes to address exterior noise for new residential structures located near places of entertainment. The ordinance requires acoustical analysis and, in some cases, field testing; allows the Entertainment Commission to hold hearings on proposed residential uses near entertainment venues; and requires disclosure to buyers and lessees about potential noise and other inconveniences.

Supporters said the ordinance balances protections for nightlife with the rights of residents. Supervisor Scott Wiener, a leading proponent, said the change was “long overdue,” and cited the economic and cultural importance of nightlife to the city. Wiener noted hospitality and live-music uses help sustain arts and jobs and argued the rules should make clear that people “take the neighborhood as they find it.”

The amended measure clarifies how the rules apply to projects with completed development applications and pending building permits, and specifies how the Entertainment Commission and the Planning Department will coordinate. President Breed moved technical amendments to clear potential inconsistencies; Supervisor Wiener seconded. The board then took the amendments and the ordinance as amended without objection.

The ordinance was developed with input from multiple city bodies, according to speakers at the meeting: the Entertainment Commission, Department of Building Inspection, Planning Department and the Small Business Commission. Deputy City Attorney Vicki Wong and staff from the Office of Economic and Workforce Development and the Entertainment Commission were acknowledged for drafting and outreach.

The board recorded a roll call vote on the ordinance as amended: unanimous approval. The ordinance was described by supporters as intended to protect music venues and theaters while ensuring that future residents are informed and that developers and venues can plan to coexist without needless litigation or shutdowns.

The measure requires the Entertainment Commission to consider noise issues when reviewing proposed residential projects adjacent to entertainment uses and to provide comments and recommendations to relevant city departments. It also directs project sponsors to participate in noise review and requires disclosures to buyers and renters about potential noise and nuisance conditions from nearby venues.