This Week: MOP Growing?  Movement on Preservation Rules

Market Octavia Plan Area May Grow Soon

In late September, the Planning Commission initiated a process to amend the Planning Code that would effectively expand the boundaries of the Market Octavia area plan to include both sides of Market Street between 16th Street and 17th Street. The expanded area will also include the northwest corner of Castro Street and 17th Street and the northwest and southeast corners of Noe Street and 16th Street. Currently, the plan area extends down Market Street and ends at 16th Street.

The parcels proposed to be included within the plan area are currently the only parcels zoned within the Upper Market Street Neighborhood Commercial district in the city, and are not proposed for rezoning. Instead, the Planning Code amendments would subject these parcels to specific regulations and fees that are otherwise applicable to properties along Market Street within the Market Octavia plan area. The changes include:

  • Rear yards would now be required at the ground story;
  • Commercial ground floor uses would now be required;
  • Parking spaces would no longer be required, but instead permitted up to a certain limit;
  • New curb cuts for driveways and loading access would not be permitted along this portion of Market Street;
  • Dwelling unit divisions would be restricted;
  • The Market Octavia Plan Community Benefits Fee would apply to the new block (as written, the Market Octavia affordable housing fee would not apply);

The draft amendments are the outcome of a planning process that was conducted between the Planning Department and neighborhood groups. The Planning Commission will hold a public hearing on the amendments on or after November 4, where changes to the amendments can be made. For a copy of the proposed amendments, go to “”.

Regulations on Historic Properties May Change Soon

In other Planning Code amendment news, the Planning Commission and Historic Preservation Commission will hold a joint hearing this Thursday to discuss proposed revisions to the articles of the Planning Code that regulate historic properties. An attempt to significantly amend Articles 10 and 11 was made soon after voters approved Prop J and created the Historic Preservation Commission. Many problems with those amendments were identified and the process stalled for a bit. Recently, a new set of amendments were proposed by the Planning Department that started with a modest set of updates that incorporate the Historic Preservation Commission’s duties and authority in place of the former Landmark Preservation Advisory Board.

The amendments must be approved by the HPC and the Planning Commission before they head to the Board of Supervisors for final consideration. The contents of the amendments are still in flux (the HPC held a hearing last Wednesday and Friday and will hold another hearing this Wednesday before the joint hearing with the Planning Commission). We will continue to update you on the progress of the amendments as their substance becomes clearer. The most recent version of the amendments can be found here: “”.

Are you Launching or Running a Small Law Firm?

The Solo and Small Firm Committee of the Bar Association of San Francisco will be holding a one-day informational seminar called “Strategies for Launching or Running a Small Law Firm” this Saturday, October 23 from 8 a.m. to 2 p.m. at 301 Battery Street. Topics include employment issues, public relations, accounting, ethics and choosing a traditional or home office. Tickets are $95 for members, $115 for non-members. 2.25 hours of MCLE credit is available, including .75 hours in legal ethics. For more information or to sign up for the event, please contact Kevin Rose in our office.

Reuben & Junius, LLP is a full service real estate law firm. We specialize in land use, development and entitlement law. We also provide a wide range of transactional services, including leases, purchase and sale agreements, formation of limited liability companies and other entities, lending/workout assistance, subdivision and condominium work.

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