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Planning staff outlines ESTM for Academy of Art University; zoning administrator issues 22 notices with potential penalties beginning July 1
Summary
Staff presented an Existing Sites Technical Memo (ESTM) for 34 Academy of Art University locations, reporting that 21 of 26 studied sites qualify as historical resources and that the zoning administrator issued 22 notices of violation with penalties set to accrue at $250 per property per day starting July 1 if required documentation is not submitted.
Planning preservation staff introduced the Existing Sites Technical Memo (ESTM) prepared for Academy of Art University (AAU), explaining the memo's structure, purpose and preliminary findings, and described the review schedule for the Commission and the Planning Commission.
Shelly Caltagirone said the ESTM examines past unpermitted work at AAU locations and organizes findings by site. Preliminary findings in the draft reported that of the 34 properties reviewed in the ESTM, 26 were studied for historical significance and 21 were determined to be historical resources. Staff summarized that 6 of the 34 properties have legal uses and would need no further action once the EIR is certified; 9 properties operate in ways not allowed under the planning code and would require legislative action to legalize uses; 9 would require conditional use authorizations; and 10 would require Historic Preservation Commission review for certificates of appropriateness or permits to alter.
Zoning Administrator Scott Sanchez described the enforcement timeline and recent notices of violation. He said the Department issued 22 notices of violation and penalty tied to AAU properties and set penalties to begin accruing July 1 at $250 per day for each of the 22 properties (about $5,500 per day in total) if the ESTM, responses to comments and final materials were not delivered. Sanchez said enforcement actions have been ongoing since 2006–2007, and staff used the notices and potential penalties to compel publication of the ESTM and production of responses to comments.
Staff outlined the near-term schedule: the ESTM would be published on May 4 and packets provided to the Historic Preservation Commission on May 4 for a review-and-comment hearing on May 18; the Planning Commission would consider the related EIR and actions on May 19. The ESTM comment period was set to close on June 3, staff planned to respond to comments by June 29, and penalties would begin accrual July 1 if the materials were not complete.
AAU's counsel, Zane Gresham of Morrison & Forrester, said the Academy does not agree with all staff positions but is providing information and working to reach a mutually agreeable resolution. No formal vote was taken by the Historic Preservation Commission on the ESTM at this meeting; the item was provided for review ahead of May 18 for formal Commission comment.
