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Commission approves outdoor performance permit for 5M project after posting dispute
Summary
The commission approved an outdoor limited live performance permit for the 5M Project at Mary Court parks, adopting staff-recommended sound limits and a 9 p.m. end time; a nearby resident requested a 60-day postponement alleging notice-posting defects, but staff said applicants submitted time-stamped proof of multiple postings.
The San Francisco Entertainment Commission on March 15 approved an outdoor limited live performance (LLP) permit for programming at two new park spaces associated with the 5M Project Owners Association in SoMa.
Deputy Director Azevedo told commissioners staff set conservative sound limits because the closest sensitive receptors are 100 feet from the performance areas (rather than the standard 250 feet). Swati Banda, senior director of development at Brookfield Properties, described plans for daily activation — fitness classes, film screenings, children’s events and live music — and said the applicants have elected to end amplified sound by 9 p.m. and will post monthly newsletters and event listings to inform neighbors.
A caller identifying himself as Jeff, a resident of 20 years about 200 feet from the proposed park, said he did not receive conspicuous notice for the application and submitted photos showing the notice inside temporary fencing; he asked that the commission postpone the vote for 60 days and extend the comment period. Deputy Director Azevedo responded that the applicant submitted proof of four postings with time-stamped photos and that staff records differ from the caller’s photos. Swati Banda said multiple posters were posted and that she had personally affixed them to fencing on-site.
Commissioners debated whether the presentation of photos in Zoom fully captured the posting context but noted the applicant’s outreach (over 400 mailed letters and several letters of support). After questions about DJ monitoring and how inspectors measure decibels at external locations, a motion to approve the permit with staff recommendations passed by unanimous vote. Commissioners instructed the applicant to follow up with staff on operational details and with SFPD where recommended.
The permit approval was recorded with the staff conditions described in the commission’s memo, including the 9 p.m. end time and the sound limits based on 100-foot measurements.
