Ten days ago San Francisco’s Entertainment Commission approved the plans to hold 30 ticketed concerts at the upsized America’s Cup pavilion on Piers 27/29 which is two-thirds built, granting Live Nation a conditional Place of Entertainment Permit for the series.
While the first concert by Imagine Dragons is scheduled for May 31, the Entertainment Commission’s approval has been appealed by the “Recreation and Open Space for the Waterfront” neighborhood association and Live Nation’s permit has been suspended.
The Board of Appeals hearing is scheduled for May 8. The basis for the appellant’s appeal:
1. Pursuant to Police Code § 1060.5, the Entertainment Commission was not authorized to issue the permit because, pursuant to Police Code § 1060.5:
a. The premises or proposed operation of the Business does not comply with the health, zoning, fire and safety requirements of the laws of the State of California or ordinances of the City and County of San Francisco applicable to the Business;
b. Notwithstanding the mitigation provided under the Security Plan submitted by the applicant, the building, structure, equipment or location of the proposed Business cannot
adequately accommodate the type and volume of vehicle and pedestrian traffic anticipated;
c. The premises or the proposed operation of the Business lacks adequate safeguards to prevent emissions of noise, glare, dust and odor that would substantially interfere with the public health, safety and welfare or the peaceful enjoyment of neighboring property;
d. The permit applicant has not provided a Security Plan that adequately addresses the safety of persons and property and provides for the orderly dispersal of individuals and traffic.
2. Pursuant to the California Environmental Quality Act (CEQA), the Entertainment
Commission was not authorized to issue the permit because:
a. The City has not yet certified a supplemental Environmental Impact Report to assess new and more severe significant impacts caused y changes to the Project;
b. The Noise Control Plan adopted as a required mitigation measure under CEQA is vague and unenforceable.
We’ve been told that additional legal action is being considered by the group should the approval fail to be overturned by San Francisco’s Board of Appeals.
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