With noise complaints from residents in buildings that have recently risen or been converted in neighborhoods that were formerly commercial in character and have historically catered to clubs and other places of entertainment (POEs) on the rise, legislation to protect the POEs and require those buying or leasing residences near said POEs to be made aware and explicitly acknowledge the inconveniences that should be expected from choosing to live in such neighborhoods (such as “noise, odor and litter”) has been drafted.
At the heart of the legislation sponsored by Supervisors Breed and Wiener and making its way towards the Board of Supervisors for a vote: new Administrative Code Chapter 116.
Chapter 116 would provide that a permitted POE shall not constitute a public or private nuisance on the basis of noise for residents of residential buildings constructed or converted for residential use within the past 10 years.
Chapter 116 would also create a hearing process at the Entertainment Commission for new residential construction and conversion within 300 feet of a permitted POE, which a project sponsor would be required to attend; would authorize the Entertainment Commission to measure noise generated by such POEs; and would prohibit the issuance of development permits until the Entertainment Commission hearing process has been completed and the Entertainment Commission has submitted its comments and recommendations, if any, to the Planning Department and Department of Building Inspection.
In addition, Chapter 116 would require that all owners of residential property within 300 feet of a POE provide a disclosure notice to new purchasers and lessees that the nearby POE may subject them to inconveniences such as noise, odor and litter. A notice of special restriction shall be recorded against newly approved residential developments containing this notice requirement.
The proposed ordinance would require developers to proactively design buildings with “the needs and interests of both the Places of Entertainment and the future residents of the new development” in mind and re-establishes interior noise level limits for new residences that builders would be required to achieve.