Planning commission backs code changes and urges talks as Flower Mart dispute simmers

The San Francisco Planning Commission on Feb. 22 recommended two amendments to the Planning Code aimed at tightening the distinction between small arts activities and large accredited institutions and at prohibiting educational services in the Western SoMa Special Use District.

The measures, introduced by Supervisor Peskin and presented by Planning Department staff, would (1) clarify definitions in Section 102.2 and related sections so that accredited institutions required to file an institutional master plan cannot qualify as small "arts activities," and (2) amend Section 823 to prohibit educational services in the Western SoMa SUD — the zoning area where the interim moratorium on institutional uses has been in effect. Scott Sanchez of the Planning Department said the changes are meant to make the code consistent with institutional master plan requirements and the department's prior policy recommendations.

The votes followed a lengthy and vociferous public sequence tied to the Flower Mart site. Michael Burke, representing the Academy of Art University, told commissioners the academy has offered Flower Mart tenants three‑year leases at current rent with six months free rent to offset an anticipated property‑tax increase and asked the commission to delay action on the related Western SoMa items while negotiations continue. "If we buy, we are giving the tenants what they've asked for," Burke said, adding the academy hoped the matter would be resolved "within the next week or so." (Michael Burke, Academy of Art University representative.)

Tenants and tenant counsel disputed that characterization. Patrick McCann, representing many tenants, and land‑use attorney Sue Hester said the Academy's proposed lease lacks key protections — including clear property descriptions, defined parking and explicit obligations by any new owner to operate the site as a Flower Mart. Hester called the draft lease "a straight commercial lease" that appears to offer compliance "without the substance of compliance." (Sue Hester, tenants' land‑use counsel.)

Commissioners framed their action as a technical cleanup and policy alignment. Commissioner comments ranged from urging a narrowly tailored special‑use protection for the Flower Mart parcel to supporting the broader moratorium‑to‑zoning approach; the Commission ultimately voted to forward the code amendments to the Board of Supervisors for adoption. Staff recommended and the Commission supported adding repealer language so the permanent controls would dovetail with the existing interim moratorium.

What happens next: the Commission's recommendation will be transmitted to the Board of Supervisors. Commissioners and staff said they intend to continue conversations among the Academy, tenants and the mayor's office; staff told the Commission that if the Academy had legalized uses and obtained permits before the moratorium the situation would be treated differently. The department noted it has already issued enforcement notifications to some unpermitted institutional uses in the area.

Provenance: topicintro SEG 514; topfinish SEG 3499.