Developers and Project Sponsors
Project Sponsor Form: Please fill this out for residential projects within 300 feet of a Place of Entertainment
Criteria for Entertainment Commission Regarding Whether to Hold a Hearing:
Administrative Code Section 116.7 (b) delegates authority to the Entertainment Commission to determine whether a hearing is required for a residential development. Within five business days of receiving notice of the proposed project, the Commission Director or designated staff shall review the project proposal and determine based on the criteria below whether to hold a hearing.
Size of Place of Entertainment (POE): Is the POE’s occupancy larger than 270 people?
Size of residential development: Does the proposed project include seven or more residential units?
Complaint History: Has the Entertainment Commission, Police Department, and/or Department of Public Health received noise complaints related to the POE’s operations on three or more separate occasions within the last 12 months?
POE Density: Do two or more POEs exist within 300 radial feet of proposed project?
POE Hours of Operation: Does the POE operate after 10:00 p.m.?
An affirmative answer to one or more of the above listed criteria will weigh in favor of holding a hearing. Similarly, the absence of one or more of the above criteria will weigh against holding a hearing.
For more information, please refer to our “Guidelines for Entertainment Commission Review of Residential Development Proposals Under Administrative Code Chapter 116" or contact Senior Inspector of the Entertainment Commission, Jordan Roberts at Jordan.Roberts@sfgov.org or 415-554-6268.
General Conditions for Chapter 116 Residential Projects:
If the proposed residential development project is brought to hearing, the Entertainment Commission recommends noise attenuation conditions of community outreach, a sound study, design considerations, construction impacts, and communication. Please review the “Recommended Noise Attenuation Conditions for Chapter 116 Residential Projects" for detailed information.
Disclosure Notification Requirements
Disclosure: According to Administrative Code Section 116.8, any transfer of real property for residential use requires a disclosure notice be provided to transferee including a citation to Chapter 116 and a statement containing substantially the following language in at least 12-point font, with appropriate terms to be inserted in place of the bracketed language:
"DISCLOSURE OF NEIGHBORING PLACE OF ENTERTAINMENT.
You are purchasing or leasing property that is adjacent or nearby to [name and address of the Place(s) of Entertainment]. This venue is an existing Place of Entertainment, as defined in Police Code Section 1060, which includes establishments such as live music venues, nightclubs and theaters. This establishment may subject you to inconveniences or discomfort arising from or associated with its operations, which may include, but are not limited to, nighttime noise, odors, and litter. One or more of the inconveniences or discomforts may occur even if the Place of Entertainment is operating in conformance with existing laws and regulations and locally accepted customs and standards for operations of such use. If you live near a Place of Entertainment, you should be prepared to accept such inconveniences or discomforts as a normal and necessary aspect of living in a neighborhood with mixed commercial and residential uses."
Also refer to Disclosure Notification Requirements
Affidavit of Disclosure: Also in accordance with Administrative Code Section 116.8, the transferor shall sign, upon penalty of perjury, an Affidavit of Disclosure. The Affidavit of Disclosure Form is found here: Affidavit of Disclosure
Transmission to the Entertainment Commission:
This Affidavit of Disclosure shall be transmitted to the Entertainment Commission by the transferor along with a copy of the disclosure notice provided to each transferee.
Please send these PDF documents directly to Senior Inspector of the Entertainment Commission, Jordan Roberts at Jordan.Roberts@sfgov.org.