A communication transmitted from Yi-An Huang, City Manager, relative to Awaiting Report Item Number 22-77, regarding a review of the proposed language for Ordinance #2022-18, the Incentive Zoning Rate Study Petition, as amended in Committee and report of findings back to the City Council

Nancy E. Glowa Assistant City Solicitors Paul S. Kawai City Solicitor 5 ANTIQVIS INSTEVIS Diane O. Pires Megan B. Bayer Patrick C. Cento Deputy City Solicitor Kate M. Kleimola Sydney M. Wright Elliott J. Veloso Evan C. Bjorklund S003.0620 Franziskus Lepionka First Assistant City Solicitor Public Records Access Officer Seah Levy CITY OF CAMBRIDGE Office of the City Solicitor 795 Massachusetts Avenue Cambridge, Massachusetts 02139 November 21, 2022 Y1-An Huang City Manager Cambridge City Hall 795 Massachusetts Avenue Cambridge, MA 02139 Re: Response to Council Order No. O-1 of 10/31/2022 Re: Review of the proposed language for Ordinance #2022-18, the Incentive Zoning Rate Study Petition, as amended in Committee and report of findings back to the City Council. Dear Mr. Huang: I am writing in response to Council Order No. O-1 of 10/31/2022 which requests that the City Solicitor and Community Development Department review the proposed language for Ordinance #2022-18, the Incentive Zoning Rate Study Petition (the "Petition"), as amended in Committee and report their findings back to the City Council. The Law Department has conferred with CDD and we recommend the following further amendment to the Petition in order to clarify on what the date the three year period commences. The underlined language elow is the language that is the subject of the Petition, and the language appearing in bold an trikethrough shows the further amendments recommended by the Law Department and CDD 11.202, Incentive Zoning Requirements (d) Reevaluation of Housing Contribution Rate. The City shall initiate a reevaluation of the Housing Contribution Rate and any other aspect of these Incentive Zoning Provisions at an interval of no less than three (3) years from the time of the previous reevaluation Housing Contribution Rate report first appeareding on a City Council regular meeting agenda. Such reevaluation shall include a report provided to the City Council reviewing economic factors including but not limited to development activity, commercial rents per square foot, employment growth, housing trends measured in terms of, but not limited to, vacancy rates, production statistics, and prices for dwelling units, and the nexus between Incentive Projects and housing. Telephone [phone removed] Facsimile [phone removed] 1TY/TTD [phone removed]

We will be available to discuss any questions the City Council may have. Very truly yours, City Solicitor