Academy of Art University to withdraw appeal after agreement with Planning Department

The Academy of Art University informed the San Francisco Board of Appeals on Oct. 15 that it has reached an agreement with the Zoning Administrator and will withdraw an appeal challenging a notice of violation and penalty for 2295 Taylor Street.

"The zoning administrator and the university have reached an agreement, to settle this matter," said Alan Murphy, counsel for the university. Murphy said the university will reduce uses at the site to the size of the property's previous legal retail use (formerly a Gap store) and that, after the agreement is entered into the record, the university would withdraw the appeal.

Murphy described terms linking penalty accrual to the environmental review process for university properties and said the final NOVP (notice of violation and penalty) for 2295 Taylor Street would include language giving the zoning administrator discretion either to modify penalty accrual terms to ensure timely completion of the environmental impact report (EIR) or to issue an order of abatement and administrative penalties of up to $250 per day. "Any such determination or order will be appealable to this board," Murphy said.

Scott Sanchez of the Planning Department said the city has a history of enforcement with Academy properties and that staff has tied penalty accrual to EIR milestones in other cases; he anticipated the EIR-linked approach could be in place "sometime in January." After Murphy handed the board a completed withdrawal request form, the board accepted the withdrawal and the matter was removed from the calendar.

The arrangement defers further penalty accrual treatment consistent with other university NOVPs and preserves the right to appeal any future determinations on timing or assessed penalties to the Board of Appeals.