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Entertainment Commission approves Masonic Auditorium permit amid legal concerns
Summary
The San Francisco Entertainment Commission approved a place-of-entertainment permit for the Masonic Auditorium on June 12, 2012, after extensive public testimony from Live Nation, neighborhood groups and supporters; opponents raised outstanding court and CEQA issues but the commission voted to approve the permit with existing conditions.
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The San Francisco Entertainment Commission voted June 12 to grant a place-of-entertainment permit for the Masonic Auditorium, approving the venue’s existing use and incorporating conditions from the Planning Commission, Board of Supervisors and the Alcoholic Beverage Control process.
Live Nation’s Northern California chief operating officer, Matt Prezoff, told the commission the company has operated the Masonic for about three years and has worked with neighbors and city agencies to craft extensive conditions for safety, curfew, occupancy and traffic. “We’ve developed working relationships with the nearby hotels, parking lots, and Grace Cathedral,” Prezoff said, and added that Live Nation has accepted the conditions negotiated through planning and the board. Officer Steve Mathias of Central Station said the police have met with the applicant and recommended approval with the listed conditions to promote consistent enforcement across governing bodies.
Opponents, including representatives of the Nob Hill neighborhood and residents’ associations, urged caution. Anne Morrison Epperly of the Nob Hill Association said a court ruling by Judge Goldsmith that revoked an earlier conditional use permit has not been fully addressed and that CEQA compliance remains unresolved. “The fact that Live Nation, the Masonic Temple and the Planning Department were required to go back to the court and present continued findings … has not been done,” Epperly said, adding that a lawsuit filed in May raises legal questions the commission should note. David Harmer, vice president of the Nob Hill Association, said neighbors do not oppose the building’s existence but worry the decision represents an intensification of use beyond historical levels.
Commissioners who moved to approve framed the decision as recognizing the venue’s existing operations while incorporating the many planning conditions and ABC requirements. The motion to approve the permit as the current use, incorporating planning and ABC conditions, carried on roll call with the commissioners voting in favor. The police indicated they would monitor compliance and report to the commission if conditions are not met.
The commission’s action does not resolve outstanding lawsuits or CEQA claims; those remain matters before the courts and other agencies. The decision before the commission was whether to grant the entertainment permit under the terms proposed and with the attached conditions; the commission voted to approve with those conditions. The commission advised staff and the applicant to continue communication with neighborhood groups and city departments and indicated the SFPD would apprise the commission about compliance issues going forward.
