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(a) Prior to submitting an application for a Development Permit to the Planning Department, the Project sponsor shall notify the Entertainment Commission of its intent to submit such an application, and may provide materials describing the proposed Project.
(b) Upon receipt of the notice described in subsection (a), the Entertainment Commission shall determine whether to hold a hearing on noise issues related to the proposed Project and any Place of Entertainment within 300 radial feet of the proposed Project. The Entertainment Commission, or its staff as delegated by the Entertainment Commission, may, in its discretion, determine that a hearing is not required, if the available evidence indicates that noise from the Place of Entertainment is not likely to create a significant disturbance for residents of the Project.
(c) If the Entertainment Commission determines that a hearing is required it shall hold that hearing within 30 calendar days after a Project sponsor provides notice to the Entertainment Commission pursuant to subsection (a). The Entertainment Commission, or its staff as delegated by the Commission, may extend this 30-day period for up to 15 additional days to accommodate scheduling conflicts between the Entertainment Commission and Project sponsor.
(d) For any such hearing:
(1) the Entertainment Commission shall invite any Place of Entertainment that is within 300 radial feet of the Project to attend the hearing and present evidence, including testimony, regarding noise issues related to the Place of Entertainment and the Project; and
(2) the Project sponsor shall attend the hearing and present evidence, including testimony, regarding current noise levels in the area of the proposed Project, including all acoustical analysis conducted to date; the Project's proposed noise attenuation features; other possible noise attenuation measures, including voluntary collaboration with the Place of Entertainment; the projected level of interior noise for residential units in the Project; and the Project sponsor's engagement or plans for engagement with the Place(s) of Entertainment.
(e) Within two business days after the Entertainment Commission holds a hearing pursuant to this Section 116.7, or if no hearing is to be held, within 30 calendar days after receiving notice pursuant to subsection (a) of this Section 116.7, the Entertainment Commission shall provide in writing to the Planning Department and/or Department of Building Inspection, as appropriate, a notice regarding whether a hearing was held and whether the Project sponsor attended the hearing, and shall provide written comments and recommendations, if any, pertaining to noise issues for the proposed Project, including but not limited to the following: (A) a report of any acoustical measurements taken pursuant to Section 116.6, and (B) any recommendations regarding whether Development Permits should be issued and whether conditions relating to noise attenuation should be imposed.
(f) The Project sponsor shall indicate its compliance with Section 116.7(b) on the face of any building plans submitted to the Planning Department and Department of Building Inspection.
(g) The Project sponsor shall include with its application for a Development Permit any date(s) on which an Entertainment Commission hearing on the proposed Project was held, and shall include a copy of any comments and/or recommendations provided by the Entertainment Commission regarding the proposed Project.
(h) For purposes of this Section 116.7, any required writing by the Entertainment Commission may be transmitted by electronic means.
(i) This Section 116.7 does not give the Entertainment Commission approval authority over any Development Permit.
(Added by Ord. 70-15, File No. 141298, App. 5/21/2015, Eff. 6/20/2015)