Board denies Academy of Art rehearing request; penalties could accrue

The San Francisco Board of Appeals on Dec. 8 denied a rehearing request from the Academy of Art University concerning a notice of violation about use and permitting at a satellite building.

David Sincotta, attorney for the university, told the board the rehearing was necessary to prevent "manifest injustice" that could displace as many as 755 students who use the building for dozens of classes. He argued the planning department’s handling of institutional master plans (IMPs) and conditional‑use pathways has been inconsistent and that the Academy was prejudiced by those practices.

Scott Sanchez of the Planning Department told the board the record did not contain new facts or legal error that would justify rehearing. He noted the Academy chose to move students into the building and had not filed the required conditional‑use applications. Planning staff said the department has pursued a phased approach to legalize prior conversions but that this case did not present new evidence.

After discussion the board voted 4–1 to deny the rehearing request. The board directed that a Notice of Decision and Order will issue; Planning staff told the board penalties (currently $250 per day) would begin to accrue upon issuance of that notice, although enforcement steps such as red‑tagging the building were discretionary. The ruling does not itself prevent the Academy from pursuing other administrative remedies.

Ending: The rehearing request was denied; a notice of decision and order will issue and penalties may start accruing unless the university takes additional corrective steps or pursues further appeal channels.