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a report from Councillor Dennis J. Carlone and Councillor Craig A. Kelley, Co-Chairs of the Ordinance Committee, for a public hearing held on October 2, 2018 to discuss a petition filed by the City Council to amend the zoning ordinances in Articles 2.000, 4.000, 6.000 and 11.000 and to establish provisions for Cannabis Uses

From Donna P. Lopez, City Clerk·Council meeting Oct 29, 2018·59 pages·📄 Original PDF (city portal)

⚠ This document is a scan; its text was recovered by optical character recognition and may contain errors. The original PDF is authoritative.

ATTACHMENT A 1.22 City of Cambridge Executive Department LISA C. PETERSON LOUIS A. DePASQUALE City Manager Deputy City Manager July 30. 2018 To the Honorable, the City Council: Attached is a draft zoning petition concerning the regulation of cannabis establishments in the City of Cambridge in response to Awaiting Report Item Number 18-75. It includes proposed zoning for cannabis retail stores and cannabis production facilities, including small cultivation and/or manufacturing establishments. This proposal would amend the current zoning provisions for medical marijuana dispensaries and establish a system of rules for establishments trading in cannabis for medical use, non-medical use, or both. It would also clarify how cannabis research and testing facilities would be classified under current land use regulations. This draft zoning petition has been informed by discussions that have taken place over the past several months at the City Council and its Public Safety Committee, Neighborhood and Long- Term Planning Committee, and Economic Development and University Relations Committee. For example, the draft zoning petition proposes more flexible zoning allowances for Economic Empowerment Applicants, as certified by the state, who promote economic development in areas that have had historically high rates of arrest, conviction, and incarceration related to marijuana crimes. The draft zoning petition also proposes criteria to promote the continued availability of products to registered medical marijuana patients. Items that might be subject to further consideration have been identified through annotations. This draft zoning petition was prepared with the participation of several departments, including the Law Department, Community Development Department, Public Health Department, Inspectional Services Department, Police Department, Traffic, Parking and Transportation Department, and Department of Weights and Measures. As requested in Awaiting Report 18-75, the attached draft zoning petition incorporates what we consider best practices for zoning regulation of adult use cannabis. In addition to zoning, other issues related to cannabis establishments will be discussed in the future through the process of instituting Host Community Agreements, which are required by state regulations. As economic City Hall • 795 Massachusetts Avenue - Cambridge - Massachusetts • 02139 [phone removed] • tty: [phone removed] • wwww.cambridgema.gov
• 1.22 development practices are considered, we will incorporate equity practices and benefits for Cambridge residents as a component of Host Community Agreements to the greatest extent possible. I am requesting that the Council accept this draft as a City Council zoning petition and refer that petition to the Planning Board and Ordinance Committee, which will begin the formal hearing process. The specifics of the proposal will undergo further review and consideration at these hearings, and may be amended by the City Council prior to being considered for adoption. Very truly yours, Lavia Delanguale Louis A. DePasquale City Manager LAD/mec Attachment(s)
Attachment: Cannabis Zoning 073018 FINAL (CMA 2018 #192 : draft zoning petition/regulations of • Packet Pg. 87 Page 1 of 18 34. Commission: Accrediting Cooperation mutual recognition arrangement or that is otherwise approved by the a third-party accrediting body that is a signatory to the International Laboratory Accreditation Mariluana Establishment or licensee for which it conducts a test; and (b) independent financially from any Medical Marijuana Treatment Center (RMD), Cannabis or (c) qualified to test cannabis or mariuana in compliance with 935 CMR 500,160 and M.G.L. c. 94C, & (a) accredited to the International Organization for Standardization 17025 (ISO/IEC 17025: 2017) by not to consumers. July 25, 2018 Cannabis Microbusiness. A co-located Cannabis or Marijuana Establishment that can be either a Tier 1 Cannabis Independent Testing Laboratory. A laboratory that is licensed by the Massachusetts Cannabis Cannabis Establishment. A Marijuana Cultivator, Craft Marijuana Cooperative, Marijuana Product Additions to the Zoning Ordinance shown in underline format. Deletions shown in strikeout fermat. Mariluana Establishments, pursuant to 935 CMR 500.000. Cannabis Product Manufacturer. An entity licensed by the Massachusetts Cannabis Control Commission Cannabis Zoning Amendment - Proposed Text Changes as a Marijuana Product Manufacturer to obtain, manufacture, process and package cannabis or marijuana products and to transfer these products to other Cannabis or Marijuana Establishments, but Manufacturer may purchase no more than 2,000 pounds of marijuana per year from other Cannabis Cooperative is a type of Marijuana Cultivator, pursuant to 935 CMR 500.000. Add the following definitions to Article 2.000 of the Zoning Ordinance: Cannabis Cultivator. An entity licensed by the Massachusetts Cannabis Control Commission as a Marijuana Cultivator or Product Manufacturer or both, pursuant to 935 CMR 500.00, in compliance with Marijuana Transporter, or any other type of marijuana-related business licensed by the Massachusetts Manufacturer, Marijuana Retailer, Independent Testing Laboratory, Marijuana Research Facility. the operating procedures for each license. A Microbusiness that is a Cannabis Marituana Product Marijuana Cultivator to cultivate, process and package cannabis or marijuana, and to transfer cannabis Cannabis Control Commission, except a medical marijuana treatment center. or marijuana to other Cannabis or Marijuana Establishments, but not to consumers. A Craft Marijuana Control Commission and is:
• Attachment: Cannabis Zoning 073018 FINAL (CMA 2018 #192 : draft zoning petition/regulations of 1.22.a 1Pg. 88 Par Page 2 of 18 Mariuana Establishments and to sell or otherwise transfer these products to Cannabis Mariuana Cannabis Production Facility may be licensed to operate as a Cannabis or Marijuana Cultivator or Cannabis Retailer. An entity licensed by the Massachusetts Cannabis Control Commission as a Cannabis Retail Store. An establishment authorized to sell or otherwise transfer cannabis or marijuana laws and regulations. products, beverages, topical products, ointments, oils and tinctures. July 25, 2018 Marijuana Treatment Center (also known as a Registered Marijuana Dispensary or RMD), or both, in Ordinance. Establishments and to consumers. Retailers are prohibited from delivering cannabis or marijuana products to consumers; and from offering cannabis or marijuana products for the purposes of on-site Marijuana Retailer to purchase and transport cannabis or marijuana products from Cannabis or Cannabis or Marijuana Product Manufacturer, or registered as a Medical Marijuana Treatment Center cannabis or marijuana products, in accordance with applicable state laws and regulations. A Cannabis Cannabis Production Facility. An establishment authorized to cultivate, manufacture, process, or Cannabis Research Facility. An entity licensed to engage in research projects by the Massachusetts Cannabis Use. A Cannabis Production Facility or Cannabis Retail Store, as defined in this Zoning package cannabis or marijuana products, in accordance with applicable state laws and regulations. A Retail Store may be licensed to operate as a Cannabis or Marijuana Retailer or registered as a Medical products to consumers for use off the premises, but not to cultivate, manufacture, process, or package Cannabis Control Commission. accordance with applicable state laws and regulations: Cannabis Products. Cannabis or marijuana and its products unless otherwise indicated. These include Cannabis Zoning Amendment - Proposed Text Changes (also known as a Registered Marijuana Dispensary or RMD), or both, in accordance with applicable state products that have been manufactured and contain cannabis or marijuana or an extract from cannabis Additions to the Zoning Ordinance shown in underline format. Deletions shown in strikeout format. or marijuana, including concentrated forms of cannabis or marijuana and products composed of cannabis or marijuana and other ingredients that are intended for use or consumption, including edible
Altachment: Cannabis Zoning 073018 FINAL (CMA 2018 #192 : draft zoning petition/regulations of 1.22.a Packet Pg. 89 Page 3 of 18 distributes, dispenses, or administers marijuana, products containing marijuana cannabis products, Additions to the Zoning Ordinance shown in underline format. Deletions shown in strikeout format. Registered Marijuana Dispensary, RMD or Medical Marijuana Treatment Center, shall mean-an Cannabis Zoning Amendment - Proposed Text Changes Amend the definition of "Registered Marijuana Dispensary" in Article 2.000 to read as follows: acquires, cultivates, possesses, processes (including development of related products such as edible marjuana infused cannabis products, tinctures, aerosols, oils, or ointments), transfers, transports, sells, Cannabis Marjuano Dispensary, Registered Registered Marijuana-Dispensary, also known as RVD refers to the site(s) of dispensing, cultivation, and preparation of cannabis or marijuana for medica! establishment propert registered with the Massachusetts Department of Public Health a not-for-profit related supplies, or educational materials to registered qualifying patients or their personal caregivers entity registered under 105 CMR 725.100: Registration of Registered Mariluana Dispensaries that for medical use in accordance with applicable state laws and regulations. Unless otherwise specified, tuly 25, 2018
• Attachment: Cannabis Zoning 073018 FINAL (CMA 2018 #192 : draft zoning petition/regulations of No Yes Yes Yes PUD PUD Yes Yes Yes PUD 1.22.a 1Pg. 90 SP Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Pal NoSI Nosi Nost Nost Nosl Nosi SPSI NoSt NoSi NoSI No14. 51 Page 4 of 18 SP Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes SP SP Yes Yes Yes Yes Yes Yes sp2a Yes28 SP Yes Yes Yes Yes Yes Yes Yes Yes Yes - Sp10 Yes10 Yes 10 Yes10 Yes!! Yes 10 Yes 13 Yes 1o Yes 10 Yes13 SP No SP Yes Yes SP Yes Yes Yes Yes Yes Yes A,A4 SP SP SP Yes Yes No Yes Bus Yes Yes Yes A-2, Yes Yes A-1 A-3' Yes No SP SP SP No No No No No No No12 No!? No12 No No No No No No No No No No Res C-1A, c. C-1. Off 3. ЗА. ЗВ 33А No No No No No No No No No No : No No No No Res 2, 2A, 2B, 2A,2, No No No No No No No No 182 No NO No No No No No No No No No' No" Open Res A Space slores, and liquor stores. 24 licensed to prepare or serve food sar in are or here but with is note Establishments where alcoholic beverages are 2. Other retail establishments Place for the manufacturing, assembly or hall or similar place of entertainment sold and consumed and where no dancing dancing and entertainment is provided. Dance or entertainment is provided Bar or other establishment where alcoholic beverages are sold and consumed and where 1. Lunchroom, restaurant, cafeteria packaging of consumer goods 25 Hand laundry, dry cleaning or tailoring shop 28 Lunchroom, restaurant, cafeteria? laundry or other similar establishment Commercial recreation Store for retail sale of merchandise 23 k. Printing shop, photographer's studio 1. Mortuary, undertaking or funeral establishment 11. Theatre or hall for public galherings Retail Business and Consumer Service Establishments July 25, 2018 Additions to the Zoning Ordinance shown in underline format. Deletions shown in strikeout format. 4.35 Amend Section 4.35 of the Table of Use Regulations to read as follows: Cannabis Zoning Amendment - Proposed Text Changes
Attachment: Cannabis Zoning 073018 FINAL (CMA 2018 #192 : draft zoning petition/regulations of No No Yes Yes PUD PUD PUD 1.22.a SP : SP Yes Yes Yes Yes NePBS8 Packet Pg. 91 Nosi Nost NoSI Nost Yesti PESt Yes"1 Page 5 of 18 SP SP Yes Yes Yes Yes SP No SP Yes Yes Yes PB58 SP SP Yes Yes Yes Yes PB58 Yes SPID P858 Yes10 SP10 Yes 10 Yes"° SP SP SP Yes Yes Yes PBSE SP SP Yes No Yes Yes NoPBSO No No No No No Yes SpSO No No No No SpSO No No No No No No No No No No No No No No No No No No No Fast Order Food Establishment Bakery, Retail agency for aulos, trailers and motorcycles 30 similar establishment 29 Art/Craft Studio Deleted jobbing or similar establishment 31 Registered Marjuana Diepersary Cannabis Retail Store m. Sales place for new and used. car, rental ne Office including display or sales space of a wholesale. 1. Veterinary establishment, kennel, pet shop or Additions to the Zoning Ordinance shown in underline format. Deletions shown in strikeout format. Cannabis Zoning Amendment - Proposed Text Changes July 25, 2018
Attachment: Cannabis Zoning 073018 FINAL (CMA 2018 #192 : draft zoning petition/regulations of Yes Yes Yes 1.22.a 1Pg. 92 Yes Yes Yes Yes Yes Yes Yes Yes Yes • = Yes Yes Yes Yes Yes Yes Yes Yes Yes Page G of 18 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No No No No No No ₴ No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No Res CIA 0. 3, ЗА, ЗВ 3.ЗА No No No No No No No 140 No No No No No No Res 2, 2A, 2B, 2A,2, No No No No No No No No No No No i'o No No No. No No No No No No No No No No Open ResA Engineering, laboratory and scientfic instruments, temperature controls other malerial of which the clothing is made confectionery and dairy products Leather goods, excluding footwear and Medical and dental instruments and Lamp shades except of glass or metal jewelry and costume novelties and balances saddery supplies, optical instruments and lenses Food products, including bakery. instruments Drugs Electrical, electronic and communicalion 12. Plaster of Paris or papier mache producis 11. Pens and mechanical pencils 14. Umbrellas, parasols and canes 1. Clothing, but not the manufacture of the cloth or 10. Paper and paperboard products 35 12. Orieng macs ie are yes res seales a Assembly or packaging of arțicles 33 • Makairing blowinging, assembly and Light Industry, Wholesale Business and Storage July 25, 2018 Cannabis Zoning Amendment- Proposed Text Changes 4.37 Additions to the Zoning Ordinance shown in underline format. Deletions shown in strikeout format. Arend Section 4.37 of the Table of Use Regulations to read as follows:
Attachment: Cannabis Zoning 073018 FIMAL (CMA 2018 #192 : draft zoning petition/regulations of ¿ g| 1.22.a Yes Yes Packet Pg. 93 > Yes Yes Yes Yes! Page 7 of 18 7 21 Yes Yes Yes Yes Yes Yes Yes ₴ gl Yes No No No No SP13 SP No No No No No No SP No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No Subiect to the provisions of Section 11.800, Cannabis Uses. mechanisms structure, but not including wholesale storage of and trades delivery warehouse auto body or paint shop 37 Printing, binding, publishing and related arts and new metals, but not including junk, scrap metal. other similar material, or such storage in silos Automotive repair garage not including 15. Watches, clocks, watchcases, clockwork Rammable liquids, gas or explosives Wholesale business and storage in roofed Distribution center, parcel delivery center, Bottling of beverages Laundry, dry cleaning plant rags, wasle paper and similar materials 38 or hoppers " Food Commissary junk, scrap metal, rags, waste paper or used rubber Open lol storage of new building materials, machinery. Suring waterhouse can carage one ingo Auto body or paint shop 36 58. 1 Cannabis Production Facility im. Open lot storage of coal, coke, sand, or Cannabis Zoning Amendment - Proposed Text Changes Add footnote 58 to Section 4.40, Footnotes to the Table of Use Regulations to read as follows: Additions to the Zoning Ordinance shown in underline format. Deletions shown in strikeout format. July 25, 2018
1.22 a . Pg. 94 N2 NI N2 N2 N1 Pa Bicycle Parking (G.107.3) Short-Term Page 8 of 18 N3 N3 N5 N4 N4 N5 Bicycle Parking (6.107.2) Long-Term Facility Loading Category Bus B-1, B-2 1 per 15 seats 1 per 10 seats 1 per 10 seats 3-A, 3, Bus B, 1 per 10 seats 1 per 900 sq. it. 1 per 600 sq. ft. Ind A-2, Ind B, C-3А, C-3В, Off 4 per 1 seats 1 per 1800 sq. it. 1 per 1200 sq. R. 1 per 1800 sq. A. 1 per 1800 sq. fl. 1 per 1200 sq. fl. 1 per 1600 sq. R. 1 per 1200 sq. It. Ind B-1, Res C-3, (res) 10 seals 1 per 5 seats 1 per 5 seats C-2B, Bus A 1 per 5 seals 1 per 10 seals 1 per 10 seats C-2, C-2A, Res 1 per 700 sq. f. 1 per 700 sq. ft. 1 per 15 seats9 1 per 15 seats? 1 per 500 sq. ft. 1 per 700 sq. fl. 1 per 700 sq. f. 1 per 1400 sq. R. Bus. C, C-1, Ind A, Off 2, 2A, Res i per 1200 sa. ri. 1 per 1400 sq. ft. 1 per 1400 sq. A. 1 per 5 seats1 per B-2, Ind C 1 per 5 seals 1 per 2.5 seats 1 per 2.5 seats 1 per 500 sq. fl. 1 per 250 sq. fl. 1 per 500 sq. ft. 1 per 25 seas 1 per 25 all 1 per 10 seats® 1 per 500 sq. fl. 1 per 800 sq. ft. 1 per 500 sq. ft. A-4,Ind A-1, Ind 1 per 1000 sq. ft. 1 per 1000 sq. fl. 1 per 1000 sq. I. (Camm), Bus A- 1, A-2, Bus A-314 n/a n/a n/a n/a n/a n/a n/a nia n/a n/a Res B Res A-1, A-2, Open Space, 1 per 5 seats? 1 per 5 seats 9 Theatre or hall for public gathering are sold and consumed and where no entertainment Bar or other establishment where alcoholic Barber shop, beauty shop. laundry and dancing or entertainment is provided. Beverages are sold or consumed and dry cleaning pick-up agency, shoe repair. 2) Bar Saloon, or other establishment Establishments where alcoholic beverages 2) Other retail establishments Lunchroom, reslaurant, cafeteria provided Dance hall or similar place of where dancing and entertainment is packaging of consumer goods Establishments 1) Establishment providing convenience shon not licensed to prepare or serve food serving alcoholic beverages but which is 1) Lunchroom, restaurant or cafeteria Hand laundry, dry cleaning or tailoring Place for the manufacturing, assembly or goods!2 establishment self service laundry or other similar Store for retail sale of merchandise Retail Business and Consumer Service July 25, 2018 Cannabis Zoning Amendment - Proposed Text Changes Additions to the Zoning Ordinance shown in underline format. Deletions shown in strikeest format. Amend Section 6.36.5 of the Schedule of Parking and Loading Requirements to read as follows: 6.36.5 Land Use Category
1.22.a N2 NT N2 NS NS N3 N5 Packet Pg. 95 Parking Bicycle 16.107.3) Short-Term Page 9 of 18 N4 NS Parking Blcycle (6.107.2) Long-Term Facility Loading Category parlor rvat capacity permitted maximum based on Bus B-1, B-2 4 per chapel. 1 per 900 per 3-A, 3, Bus B, Ind A-2, Ind B, 1 per 500 sq. ft. 1 per 6 persons 1 per 600 sq. ft. 1 per 670 sc. H. 1 per 600 sa. 11. 1 per 330 sq. ft. C-3A, C-3B, Off or reposing room 1 per 1000 sq. fl. 1 per 1800 sq. fL 1 per 1200 sq. I. Ind B-1, Res C-3, (res) parlor capacily permitted based on maximum C-2B, Bus A 4 per chapel, 1 per 400 sq. ft. C-2, C-2A, Res 1 per 800 sq. ft. 1 per 900 sq. fl. 1 per 400 sq. ft. 1 per 6 persons 1 per 700 sq. It. 1 per 200 sq. ft. 1 per 350 sg. ft. 1 per 700 sq. it. 1 per 700 sq. it. 1 per 350 sq. fl. Bus. C, C-1, Ind 1 per 1400 sq. fi. A, Off 2, 2A, Res 1 per 1400 sq. ft. or reposing room parlor capacity based on permitted maximum B-2, Ind C 4 per chapel, Res C, C-1, C- 1 per 700 sq. f. 1 per 250 sq. fl. 1 per 150 5g. it. 1 per 500 sq. fl. 1 per 250 sq. fi. 1 per 500 sq. fl. 1 per 6 persons 1 per 300 sq. ft. 1 per 600 sq. H. 1 per 500 sq. fl. 1 per 300 sq. It. 1 per 1000 sq. ft. A-4,Ind A-1, Ind or reposing room 1 per 1000 sa. It. 1A, Off 1, Bus A 1 per 1000 sq. t (Comm), Bus A- 1, A-2, Bus A-314 n/a n/a n/a n/a n/a nia n/a n/a Res i • n/a Open Space, Res A-1, A-z, 1 per 500 sq. ft. 1) Veterinary establishment, kennel Sales place for new and used cars, vehicle a wholesale jobbing or similar Orfice including display or sales spaces of 2) Pet shop or similar establishment rental agencies Cannabis Retail Store establishment Art/Craft Studio 13 Fast Order Food Establishment Animal Services estavishmenderaking or funeral Printing shop. photographer's studio Commercial recreation Cannabis Zoning Amendment - Proposed Text Changes July 25, 2018 Land Use Category
1.22.a iPg. 96: N5 NS N5 N5 N5 12 N5 N5 N5 N5 Pa Bicycle Parking (6.107.3) Short-Term Page 10 of 18 N5 NS NS N5 N5 N5 N5 NS N5 N5 Bicycle Parking (6.107.2) Long-Term Lacing Category Bus B-1, B-Z 3-A, 3, Bus B, 1 per 2000: sq. ft. 1 per 2000 sq. it. Ind A-2, Ind B, 1 per 2000 sq. fL. 1 per 2000 sq. H. 1 per 2000 sq. 4. 1 per 2000 sq. fL 1 per 2000 sq. ft. 1 per 2000 sq. f. 1 per 2000 sq. ft. С-ЗА, С-3В, ОН 1 per 2000 sq. ft. 1 per 2000 sq. ft. 1 per 2000 sq. H. 1 per 2000 sq. ft. 1 per 2000 sq. ft. 1 per 2000 sq. ft. 1 per 2000 sq. ft. 1 per 2000 sq. f. Ind B-1, Res C-3, (res) C-2B, Bus A 1 per 1600 sq. ft. 1 per 1600 sq. ft. 1 per 1600 sq. ft. C-2, C-2A, Res 1 per 1600 sq. ft. 1 per 1600 sq. ft. 1 per 1600 sq. It. 1 per 1600 sq. f. 1 per 1600 sq. Ht. 1 per 1600 sq. It. 1 per 1600 sq. H. 1 per 1600 sq, It. 1 per 1600 sg. ft. 1 per 1600 sq. fL. 1 per 1600 sq. ft. 1 per 1600 sq. ft. Bus. C, C-1, ind 1 per 1600 so. it. 1 per 1600 sq. ft. A, Off 2, 2A, Res B-2, Ind C 1 per 1200 sq. fl. Res C, C-1, C- 1 per 1200 sq. IL. 1 per 1200 sq. ft 1 per 1200 sq. ft. 1 per 1200 sq. ft. 1 per 1200 sq. ft. 1 per 1200 sq. ft. 1 per 1200 sq. fl. 1 per 1200 sq. H. i per 1200 sq. ft. 1 рег 1200,5g. f. 1 per 1200 sq. ft. t per 1200 sq. ft. 1 per 1200 sq. fl. 1 pe 1200 sq. ft. 1 per 1200 sq. fl. A-4,Ind A-1, ind 1 per 1200 sq. ft. (Comin), Bus A- 1A, Off 1, Bus A 1, A-2, Bus A-31%, n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a nia n/a Res B Res A-1, A-2, Open Space, clockwork mechanisms 10. Paper and paperboard products 15. Watches, clacks, watchcases, products 12. Plaster of paris or paper mache supplies, optical instruments and lenses cloth or other material of which the cloth is 2. Food products, incluring bakery packaging the following: Bolting of beverages typewriters, scales and balances 13. Office machines, including cash 5. Engineering, laboratory and scientific and Storage 1. Clolhing but not the manufacture of the 11. Pens and pencits 3. Drugs 4. Electrical, electronic and communicalion instruments saddlery 9. Mecical and denial instruments and 6. Jewelry, insignia, emblems and 7. Lamp shades except of glass or metal instrumenta, lemperature controls costune jewelry and costume novellies registers, computing machines and confectionery and dairy proclucts a. Leather goods, excluding foolwear and badges, lapidary, scale models, dolls. 14. Umbrellas, parasols and canes Assembly or packaging of articles Manufacture, processing, assembly and made Light Industry, Wholesale, Business July 25, 2018 Cannabis Zoning Amendment - Proposed Text Changes Additions to the Zoning Ordinance shown in underline format. Deletions shown in strikeout format. Amend Section 6.36.7 of the Schedule of Parking and Loading Requirements to read as follows: 6.36.7 Land Use Category
1.22.a N5 N5 NS N5 N5 N5 NS N5 Packet Pg. 97 NS15 N515 Parking Bicycle (6.107.3) Short-Term Page 11 of 18 NS NS NG N515 N515 Parking Bicycle (6.107.2) Long-Term Facility Loading Category lol area iot area.. 2 per bay 2 per bay Bus B-1. B-2 3-A, 3, Bus B, IndiA-2, Ind B, C-3A, C-3B, Of 1 per 2400 sq. ft. 1 per 2000 sq. F. 1 per 200 . Fi 1 per 2000 sq. 4. 1 per 2400 sq. ff. 1 per 3000 sq. ft. 1 per 3000 sq. fl. Ind B-1, Res C-3, 1 per 2000 so. fl (Tes) lot area. fol area 2 per bay 2 per bay C-2B, Bus A C-2, C-2A, Res Bus. C, C-1, Ind A, Off 2, 2A, Res 1 per 2000 sq. ft. 1 per 1600 sq. ft. 1 per 1600 sq. ft. 1 per 1600 sq. It. 1 per 2000 sq. fl. 1 per 2000 sq. ft. 1 per 2000 sq. ft. lot area. lot area 2 per bay 2 per bay B-2, Ind C Res C, C-1, C- 1 per 1200 sq. ft. 1A, Off 1, Bus A 1 per 1600 sq. It. 1 per 1600 sq. fl. A-4, Ind A-1, Ind 1 per 1600 sq. ft. 1 per 1600 sq. ft. 1 per 1200 sq. ft. 1 per 1600 5q. Ft. (Comm), Bus A- 1 per 1200 sq. ft. 1, A-2, Bus A-314, 1 per 1200 sg. ft. 1 per 1600 sq. ll n/a n/a n/a nia n/a n/a nia n/a n/a Res B . n/a Cops A 1, AC machinery and new metals Open lot storage of coal, coke, sand or Aulomotive repair garage silos dr hoppers olher similar material, or such storage in Aulo body or paint shop aris and tradeng, published and related Laundry, dry cleaning plant Distribution center, parcel delivery center, Open lol storage of new building materials, delivery warehouse Storage warehouse, cold storage plant. storage of flammable liquid, gas or explosives Food commissary structure, bu not ingleding wage in tooted Additions to the Zoning Ordinance shown in underline format. Deletions shown in strikeout format. Cannabis Zoning Amendment - Proposed Text Changes July 25, 2018 A Cannabis Production Facilty Land Use Calegory
Attachment: Cannabis Zoning 073018 FINAL (CMA 2018 #192 : draft zoning petition/regulations of 1.22.a Pg. 98° Pa Page 12 of 18 standards or establishments needing medical and non-medical cannabis classified as medical or non-medical. Since state law allows medical cannabis establishments in Based on recent Council discussions, a comparable way through zoning. establishments separately, the of activity rather than whether it is straightforward approach is to requirements could be separated, to seek multiple special permits. regulate the use based on the type If the Council preferred to regulate establishments to be co-located, a but it may result in inconsistent is to regulate medical and non- the approach taken by this proposal - afuture recreational mariuana facilitwithin the same location to the extent permitted by taw. Registered Marijuana Dispensaries for the medical use of cannabis products and Cannabis registeres with the Massachusetts Department of Public Health pursuant to 105 CMR 725.100 A special permit issued pursuant to this Section shall be conditioned on the Permittee maintaining (a) Cannabis Retail Stores and Cannabis Production Facilities shall be allowed up only after the location of a Cannabis Establishment for the non-medical use of cannabis or marijuana: to applicable state laws and regulations set forth at 105 CMR 725.000, Implementation of an Aet medical use, or both, in accordance with applicable state laws and regulations: Establishments for the non-medical use of cannabis products, as they are authorized pursuant permit from the Planning Board only to authorize a Registered Marituana Dispensary shall be required to amend its previously issued special permit to authorize the conversion to or co- overlay-zoning district, a Registered Marijuana Dispensary Section 11.800, et seg. state-regulation, that any-approved medicinal marijuana facility shalt not physically incorporate this Zoning Ordinance, may be established to provide cannabis products for medical or non- granting of a special permit by the Planning Board, subject to the requirements set forth in this for the Humanitarian Medicat Use of Marijuana. Ihat is the intent of this ordinance, subject to all required state licenses and/or registrations and shatt-complying with all applicable state and (b) Either Cannabis Retail Stores or Cannabis Production Facilities, as defined in Article 2.000 of local public health regulations and all other applicable laws, rules and regulations at all times. Additions to the Zoning Ordinance shown in underline format. Deletions shown in strikeout-format. Cannabis Zoning Amendment - Proposed Text Changes Amend Section 11.800 of the Zoning Ordinance to read as fallows: 11.801 Statement of Purpose, The purpose of this section is to provide for the limited establishment of 11.802 General Requirements 11.802.1 Allowed Cannabis Uses. Notwithstanding the use-limitation ef the base zening district for-any 11.800 PEDICAL-MARHUANACANNABIS USES July 25, 2018 11.802,2 Licenses and Registration. All permitted Registered Marijuana Dispensaries shall be properly
Attachment: Cannabis Zoning 073018 FINAL (CMA 2018 #192 : draft zoning petition/reguiations of 1.22.a Packet Pg. 99 continue to apply, but it is not would be regulated by Article 6.000 necessary to cite those In this proposal, parking, bicycle parking, and loading requirements 6.000 allows parking waivers for the Zoning Ordinance would signage standards from elsewhere in smaller-scale commercial requirements here. as with ather retail uses. Article establishments. Dimensional and No Building Permit or Certificate of Occupancy shall be issued for a Registered Marijuana Ordinancs, the-requiced number of parking and bieycle parking (both long term and short term) Facility has been authorized by special permit. If the license or registration for a Registered pursuant to applicable state and local regulations. another, controlling entity, or relocated to a different site, a new special permit shall be Marijuana Dispensary Cannabis Use has not been renewed or has been revoked, transferred to for the licensed or registered entity to which the special permit was issued, and only for the site determined by-the-Planning Board based en the transpertation analysis and ether infermation Marjuana Dispensary Cannabis Retail Store or Cannabis Production Facility shall be valid only This erdinance will be recensidered by the Ordinance Committee if upcoming recreational Department of Public-Health applicable state agencies. Dispensary Cannabis Use that is not properly licensed and/or registered with the-Massachusetts location for both now allowed medical services and future recreational services. building, except in cases where or by home deliveries-to qualified clients are authorized 11.300, a Registered Marijuana Dispensary shall cenform to the dimensional requirements related to eperatienal and security plans provided by the applicant. Except as set forth above, spaces-and-the required number of leading-bays-for a Registered Marijuana Dispensary shall be required prior to issuance of a Certificate of Occupancy. Facility shall be located only in a permanent building and not within any mobile facility. All and desirability ef medical mariuana facilities, in particular the possibility of having a joint applicable-to-non-residential uses within the base and averlay districts. marijuana regulations created by the Commonwealth of Massachusetts impacts the location sales, cultivation, manufacturing, and other related activities shall be conducted within the 11.802.3 Limitation of Approval. A special permit authorizing the establishment of a Registered 11,902,5 Dimensional Requirements. Except-where it is explicitly stated otherwise in this Section 11.802.4 Building. A Registered Marijuana Dispensary Cannabis Retail Store or Cannabis Production Cannabis Zoning Amendment — Proposed Text Changes July 25, 2018 Additions to the Zoning Ordinance shown in underline format. Deletions shown in strikeout format. 13-802,6 Parking and Loading Metwithstanding anything to the contrary in Artiele 6:000 of this
• Attachment: Cannabis Zoning 073018 FINAL (CMA 2018 #192 : draft zoning petition/regulations of 1.22.a 7g. 100 . Par Page 14 of 18 allowed. The set of districts could be cannabis research and testing This proposal would regulate districts where retail uses are This list includes the broadest set of the City Council. reduced if deemed appropriate by in the city. facilities that are currently allowed facilities similar to other research Business C (BC) district, or within a Planned Unit Development (PUD) overlay district or (i) A Cannabis Retail Store may be permitted at a location within the Business (BB) or permitted within one thousand and eight hundred (1,800) feet of another Registered Marijuana state laws and regulations, but is not authorized to sell or otherwise transfer Cannabis Products districts, subiect to any limitations set forth in the regulations of those districts. Article-6.008- of Use Regufations in Section 4.30 of this Zoning Ordinance as a Technical Office (Section 4.34, Dispensary: Cannabis Retail Store, except under the following circumstances: Cannabis Independent Testing Laboratory or Cannabis Research Facility pursuant to applicable Item "f.") or, if such establishment is noncommercial, a Noncommercial Research Facility (b)_No Registered Marijuana Dispensaries A Cannabis Retail Store shall not be allowed intended to be sold or otherwise transferred to consumers, shall be regulated within the Table regulations, including regulations promulgated by the Cambridge Public Health Department, alt-parking, bicysle parking andloading facilities shall conform-to-the-requirements set forthin Industry B (IB), Industry B-1 (IB-1), and Industry B-2 (IB-2) districts, and special districts and overlay districts whose use regulations are based on those of any of the aforementioned to consumers or to cultivate, manufacture, or otherwise produce Cannabis Products that are where applicable. (Section 4.33, Item "c."). Such establishment shall comply with all state and local laws and 3), Business B (BB), Business B-1 (BB-1), Business B-2 (BB-2), Business C {BC), Industry A-1 (IA-1), following districts: Business A (BA), Business A-1 (BA-1), Business A-2 (BA-2), Business A-3 (BA- (a) Cannabis Retail Stores shall be allowed only by Planning Board Special Permit within the aesthetie impacts. Cannabis Zoning Amendment - Proposed Text Changes 2082-3-11.803 Location Standards. 11,202,7-Signager-All signage shall confirm to the requirements-of Articie 7.000 of this Ordinance, The July 25, 2018 11.802.5 Cannabis Research and Testing Facilities. A Cannabis Establishment that is licensed as a 11.803.1/ Registered Marijuana Dispensaries- Cannabis Retail Stores. Additions to the Zoning Ordinance shown in underline format. Deletions shown in strikeout format.
Attachment: Cannabis Zoning 073018 FINAL (CMA 2018 #192 : drait zoning petition/regulations of /1.22.a Packet Pg. 101 Page 15 of 18 The requirement for off-site separated from other uses, on-site packaging could be considered. odor nuisance. In cases where the packaging is to control for potentia! establishment is sufficiently distance standard if desired. As As discussed at prior meetings, the Council could reduce the 500-foot discussed at prior hearings, current feet of schools and within 100 feet of parks. enforcement standards within 300 drug laws impose stricter Store within 1,800 feet of that location: Alewife Overlay District (AOD), if there is no more than one other permitted Cannabis Retail the Planning Board if the applicant has been designated as an Economic Empowerment (i) The limitations set forth in Paragraph (b) and Subparagraph (i) above may be waived by Applicant by the Massachusetts Cannabis Control Commission. different retail use, or in a building that is within 100 feet of a building containing a residential. Retail Store shall not be permitted in a building containing a residential, institutional, office, or all products offered to consumers shall be pre-packaged off-site, and no packaging or repackaging of cannabis or marijuana products shall take place on the premises, a Cannabis if Cannabis Products are cultivated or manufactured for non-medical use. (c) Unless the permittee agrees in writing and it is made a condition of the special permit that grades one through 12, except where the Planning Board, in issuing a special permit, approves a conditions of the special permit. conditions of the special permit. (a) A Cannabis Retail Store or Cannabis Production Facility shall not be permitted within 500 feet of a pre-existing public children's playground, public youth athletic field, or public youth reduced distance upon finding that the location will cause no substantial adverse impact due to Industry B-Z (IB-2) district, provided that the establishment is not greater than 5,000 square feet in Gross Floor Area, and provided that the establishment is licensed as a Cannabis Microbusiness institutional, office, or different retail use. site-specific factors or other mitigating efforts agreed to in writing by the permittee and made feet of a pre-existing public or private school providing education in kindergarten or any of (b) A Cannabis Retail Store or Cannabis Production Facility shall not be permitted within 500 recreation facility, except where the Planning Board, in issuing a special permit, approves a reduced distance upon finding that the location will cause no substantial adverse impact due to Cannabis Zoning Amendment - Proposed Text Changes Additions to the Zoning Ordinance shown in underline format. Deletions shown in strikeout format. 11.803.3 Buffer Zories. 11.803.2 Cannabis Production Facilities shall be allowed only by Planning Board Special Permit in the July 25, 2018
Attachment: Cannabis Zoning 073018 FINAL (CMA 2018 #192 : draft zoning petition/regulations of 1.22.a P9. 102 Par Page 16 of 18 analysis were required when it was assumed that there would be a large areas of the state; for a more conventional type of retail use, such The service area and transportation limited number of RMDs serving information would not be required. distribution of educational materials, and other programs or activities. Registered Marijuana Dispensary and the anticipated number of clients that will be served activities that will take place on the proposed site, including but not limited to cultivating and Dispensaries exist or have been proposed with the expected-service area. a minimum, the following information: client-and empleyee trips to the site, the expected modes of transportation used by clients and (a) Description of Activities: a narrative providing information about the type and scale of all within that area. This description shall indicate where any other Registered Marijuana processing of Cannabis or marijuana infused-Products fAIPs), on-site sales, off-site deliveries, within surrounding communities, including but not limited to-all educational uses, daycare; fe) Transportation Analysis: A quantitate analysis, prepared-by-a qualified transportation fel(c) Site Plan: A plan or plans depicting all existing and proposed development on the locations of all children's playgrounds, youth athletic fields, or other youth recreation facilities, all outdoor lighting on the site, and any landscape design. (1,000) feet radius (minimum) of the project site, whether uses are located in Cambridge of prescheet and afterschoot pregrams. faMb) Context Map: A map identifying, at a minimum, the location of the proposed fb) Service Area: A map and narrative describing the area propesed to be-served by-the property, including the dimensions of the building, the detailed layout of automobile and bicycle specialist acceptable to the Planning Board, modeling the expected origin and frequency of with measured distances provided to demonstrate whether the location complies with the location and design of all loading, refuse and service facilities, the location, type and direction of establishment, the locations of all other Cannabis Uses in the vicinity, the locations of all public or private schools providing education in kindergarten or any of grades one through 12, and the standards of Section 11.803 above depicting all properties and land uses within a one thousand parking, the location of pedestrian, bicycle and vehicular points of access and egress, the employees, and the frequency and scale of deliveries to and frem the site. Cannabis Zoning Amendment - Proposed Text Changes 14.803-11.804 Application Requirements. An application to the Planning Board shall include-contain, at Additions to the Zoning Ordinance shown in underline format. Deletions shown in strikeout format. July 25, 2018
Attachment: Cannabis Zoning 073018 FINAL (CMA 2018 #192 : draft zoning petition/regulations of 1.22.a Packet Pg. 103 Page 17 of 18 distance standard is covered in the by the required separation between within this ordinance it is addressed proposed Section 11.803.3 above. establishments. Similarly, the consideration at the state level, and The need for service is no longer a and all proposed signage, specifying materials and colors to be used. Perspective drawings and illustrations of the site from public ways and abutting properties are recommended but not required. (e)if License or Registration Materials: Copies of registration materials issued by the previded-to the Planning Beard is consistent with the information provided te the Massachusetts Department of Public Healtit. Planning Board shall find that the following criteria are met: prescheeter afterscheol facility-or any fasility in which children commonly congregate or if-not on-site and off-site parking facilities, and bicycle facilities. Dispensary Cannabis Retail Store or Cannabis Production Facility, in addition to the general (e) Logistics Plan: A plan identifying the on-site or off-site locations where deliveries and Massachusetts Department of Public-Health and any-all materials submitted to the criteria for issuance of a special permit as set forth in Section 10.43 of this Zoning Ordinance, the Cambridge. time of application toward establishing a host community agreement with the City of (H(d) Building Elevations and Signage: Architectural drawings of all exterior building facades and other service functions will be conducted, as well as a plan and narrative identifying the transportation options for customers and employees, including public transportation services, Massachusetts Department of Public Health applicable state agencies for the purpose of seeking loading functions will take place and a narrative describing how deliveries to the site, loading. excluding any information required by law to be kept confidential-to confirm that all information licensing and/or registration, and any certification or license issued by any such agency, [g) Host Community Agreement: A narrative describing progress that has been made at the served by other Registered Marijuana Dispensaries, it has been established by the fa) The Registered Marijuana Dispensary is located to serve an area that currently does not : Massachusetts Department-of Public Health that-supplemental service is needed. fa The sita is teeated at least five hundred (500) feet distant from a school, daysare center, hase reasenable acerss to medical marijuana, orif-it is propesed-to-serve-an area that is already Cannabis Zoning Amendment - Proposed Text Changes 13.804.11.805 Special Permit Criteria. In granting a special permit for a-Registered Marijuana Additions to the Zoning Ordinance shown in underline format. Deletions shown in strikeout format. July 25, 2018
1.22,a - Par' - Pg. 104 Page 18 of 18 Marijuana Dispensary shall not create a substantial adverse impact on nearby residential uses. (c)(a) The site is designed such that it provides convenient, safe and secure access and egress abutting uses. Registered Marijuana Dispensary- transportation, including drivers, pedestrians, bicyclists and public transportation users. city or neighborhood who are registered through the Massachusetts Medical Use of Mariluana from-such facilities such that its users will nøt be adversely impacted by the operation of the measures and restrictions on visibility into the building's interior. For example, in traditiona! for-clients customers and employees arriving to and leaving from the site using all modes of retail districts, opaque façades without visibility into the interior should be avoided by locating (f)(c) The building and site have been designed to be compatible with other buildings in the area fe)(b) On-site loading, refuse and service areas are designed to be secure and shielded from fall Traffic generated by client trips, employees trips, and deliveries to and from the Registered secure areas above or below the ground floor level, or behind active, transparent ground-floor tocated at-such a distance, it is determined by the Planning Board-to be sufficiently buffered Program. and to mitigate any negative aesthetic impacts that might result from required security a reduction in the availability of cannabis or marijuana pioducts to qualitying patients within the [d) The proposed Cannabis Retail Store or Cannabis Production Facility is not expected to cause retail frontage. July 25, 2018 Cannabis Zoning Amendment - Proposed Text Changes Additions to the Zoning Ordinance shown in underline format. Deletions shown in strikeeut format.
1.22.b Packet Py. 105 C-3B Expanded Teral Live nasty BI Industry A-1 Barsanees 2 Businers 1 2 Industry B-2 Business _1.7 Busincis 1-1 Business A Brositters BE Business 1 Industry B FA Nice Districts Alloving Selected Basc Zoning Districts Other Sclected Districts ad Special Bairict-15 District Sct 3: -MXR 14XR Asp prepared by Brendan barron on May 9, 2018 CO GIS Cirroresiz and Buffers Cambrage, Massachuseles Cannabis Establishments: Selected Base Zoning Districts freth lami 50t Buffer of Schods sor Buffer of Playgrounds Playgonch l'erentied > to Buffer of Dispensatex Key Facilities with 600-Foot Buffers Registered Marijuana Dispensaries
AtTACHMENT B СОЛЕНИЕ October 2, 2018 City of Cambridge Petition Presentation to Ordinance Committee Community Development Department Cannabis Zoning
• Law • Police • Public Health • City Manager's Office • Inspectional Services Cambridge Community Development Department October 2, 2018 • Weights and Measures • Community Development • Traffic, Parking and Transportation Interdepartment Working Group
• Not discussed: • Allowed locations • Health risks/benefits Cambridge Community Development Department October 2, 2018 • Types of cannabis products • Ownership and business practices • How/where cannabis products may be used • Development standards for buildings, parking, etc. • Land use controls for establishments that produce or sell cannabis Warning: This presentation is about zoning
Cambridge Community Development Department October 2, 2018 Cannabis in Cambridge
July, 2018 July, 2017 May, 2013 April, 2018 March, 2018 March, 2017 August, 2016 February, 2017 December, 2013 April-June, 2018 November, 2016 November, 2012 History Cambridge Community Development Department October 2, 2018 City Council discussions Cambridge adopts zoning for RMDs Zoning petition referred by City Council First RMD permitted by Cambridge Planning Board City Council amends medical marijuana zoning citywide First RMD opens in Cambridge (1001 Massachusetts Ave.) Medical marijuana approved by Massachusetts ballot initiative State regulations promulgated by Cannabis Control Commission Non-medical ("adult-use") marijuana approved by ballot initiative Cannabis Control Commission begins receiving license applications State regulations promulgated for Registered Marijuana Dispensaries (RMDs)
Today Cambridge Community Development Department October 2. • Many more proposed 2018 • Four RMDs permitted in Cambridge (Three completed, one in development) • 38 RMDs approved for sale statewide (through July 31, 2018)
ordinances Not-for-profit, non-taxable Medical "Letter of non-opposition" required Cambridge Community Development Department October 2, 2018 children commonly congregate," except Allows local controls by zoning and other Vertically-integrated RMDs responsible for municipalities may specify reduced distance Registration with Mass. Dept. of Public Health 500-foot buffer from schools or "facilities where cultivation, processing, transportation, retail sales Cannabis in Massachusetts for 2016 initiative transporters, retailers "Host community agreement" required municipality may specify other distance Licensed by Cannabis Control Commission 17% state sales tax + up to 3% local option prohibit or limit retailers to less than 20% of 500-foot buffer from K-12 schools only, except Allows local controls, but requires local vote to Separately licensed cultivators, manufacturers, "Non-Medical" / "Adult Use" / "Recreational" package store liquor licenses where majority voted
in the future Cambridge Community Development Department October 2, 2018 Cannabis in Massachusetts Separate laws for medical and non-medical, but ... ("co-location") and receive priority in permitting process • RMDs may be licensed to produce/sell for non-medical use • Regulation of RMDs transitions to Cannabis Control Commission
Social Equity Program disproportionate impact Cambridge Community Development Department October 2, 2018 experience, and hiring practices • Not allowed yet, but might be in the future Cannabis in Massachusetts Economic Empowerment Applicants (State-Certified) • Receive priority in licensing process, some fee waivers • Training and technical assistance for eligible applicants Social Consumption Establishments and Delivery Services • Eligibility criteria based on owners' residence, racial/ethnic background, past • Licensees get recognition and some fee waivers for contributing funds or education • Experience in or business practices that promote economic empowerment in areas of
Themes: Committee the public populations Cambridge Community Development Department October 2, 2018 City Council Discussions • Promote distribution throughout city ( • Don't want to be too restrictive, but mindful of unforeseen issues Long-Term Planning Committee, Economic Development and University Relations • Encourage social equity, avoid policies that exclude disadvantaged • Continue to provide medical cannabis as much as possible to benefit April-June, 2018: Council Special Meeting, Public Safety Committee, Neighborhood and
Cambridge Community Development Department October 2, 2018 Zoning Petition Overview
• Sales in retail districts • Use existing base zoning Cambridge Community Development Department October 2, 2018 Overall Approach • Planning Board special permit • Cultivation/manufacturing in industrial districts (including current RMDs seeking non-medical license) • Dimensional, parking, signage standards per base zoning • Change "Medical Marijuana" section to "Cannabis Uses"
State License Categories: • Marijuana Retailer • Microbusiness • Microbusiness • Marijuana Establishment • Marijuana Cultivator Types of Uses • Marijuana Transporter • Marijuana Research Facility Cambridge Community Development Department October 2, 2018 • Independent Testing Laboratory • Craft Marijuana Cooperative • Marijuana Product Manufacturer • Medical Marijuana Treatment Center or Registered Marijuana Dispensary or RMD Proposed Zoning Use Categories: • Cannabis Retail Store existing zoning for research facilities • Cannabis Production Facility (medical and/or non-medical) (medical and/or non-medical) Research and Testing Laboratories regulated using
Cambridge Community Development Department October 2, 2018 • Allowed zoning districts Location-based Standards public youth-oriented facilities • Buffers from schools, playgrounds, • Separation between establishments
use Districts the City) establishment Cambridge Community Development Department October 2, 2018 up to 5,000 square feet per (IB-2 is the "manufacturing" district of • Production: Industry B-2 (IB-2) district, • Retail: All base districts that allow retail districts Ongoing discussion: BA-1, BA-2, or BA-3) (Currently, RMDs not allowed in • Petition could be amended to include a subset of retail
Permitted AOD-1 ALL FIGURES APPROXIMATE Registered Marijuana Dispensaries -BA-2 Cambridge Community Development Department October 2, 2018 HSOD- PUD-1 BB-2 BA-3- Cambridge, Massachusetts Cannabis Establishments: Selected Base Zoning Districts BA A-1 ASD BA PUD-S PUD-4 business-l Industry B Busness C Business 2 Industry B-1 Industry B-2 Business A-3 Industry A-l Busmess A-4 PUD-4C" EXR PUDS! PUD-48 Special Distnci-15 PUD-4 PUD-3/PUD-5 Other Selected Districts Expanded Retal Use Other Districts Allowing Selected Base Zoning Districts
Separation dispensaries) Cambridge Community Development Department October 2, 2018 Empowerment Applicants standard for medical marijuana Central, Harvard, Porter, Alewite) • Separation not required for Economic • Up to two retailers allowed within 1,800 • 1,800 feet between retail stores (current feet of each other in core areas (Kendall, each other? Ongoing discussion: • Are there other overly restrictive? distance to promote circumstances where • What is the process for flexibility is appropriate? simultaneous applications distribution without being • Is 1,800 feet an appropriate that are within 1,800 feet of
Permitred IB-2 ALL FIGURES APPROXIMATE AOD- 1800' Buffer of Dispensaries Registered Marijuana Dispensaries C-1A C-1A BA 3 -BA-2 BA-1 Cambridge Community Development Department October 2, 2018 BA V BA-1 PUD-1 and Bufters Cambridge, Massachusetts Cannabis Establishments: BA-1 Selected Base Zoning Districts PUD-4C PUD-4A PUD-48 ASD PUD-5 PUD-4B C-38 PUD-S Susatess A Busiess C Industry B Business 2 Susiness A-l Industry B-1 Industry B-2 Industry A-l IA-1 Business A-3 MXR/PUD-5 IA-1! Special District-15 PUD-3A PUD-SPUD-S Other Selected Districts Expanded Retail U'se Other Disincts Allowing Selected Base Zoning Districts
Buffers state requirement) Cambridge Community Development Department October 2, 2018 through case-by-case review • Planning Board may reduce buffer • 500 feet from K-12 schools (parallels • 500 feet from public youth facilities - playgrounds, playing fields, rec centers for? be reduced? Ongoing discussion: (Planning Board distance is measured recommended 300 feet) buffer distance or could it • Is 500 feet an appropriate that need to be controlled • Clarification on how buffer • What are the specific issues
BA BELMONT Permitted IB-2 ARLINGTON ALL FIGURES APPROXIMATE 18-2 AOD-2 AOD-4 500 Buffer of Key Facilities 180K Buffer of Dispensaries Registered Marijuana Dispensaries Key Facilities with 500-Foot Buffers Fresh Pond School, Playground, Playing Field, or Youth Center -BA-2 TOWN Cambridge Community Development Department October 2, 2018 BANY HSOD- PUD.1 BOSTON HSOD BB- BB-2 SOMERVILLE and Butters Cambridge, Massachusetts Cannabis Establishments: BA-1 BA Selected Base Zoning Districts BROOKLINE SD-11 SD- PUD-AC IA-1 PUD-48 PUD-4B BA PUD.7 PUD-KS PUD-S Industry B Industry B-2 Industr A-1 Busmess A-l Industry B-1 IA-1 Busmess A-3 CARPUDS, PUD-4C PUD-48 BOSTON Specal District-15 PUD-3A Other Selected Districts Expanded Retail E'se Other Districts Alowing Selected Base Zoning Districts
BELMONT Permitted ARLINGTON ALL FIGURES APPROXIMATE 0-1 500 Buffer of Key Facilities 180N7 Buffer of Dispensaries Registered Marijuana Dispensaries Key Facilities with 500-Foot Buffers School, Playground, Playing Iiekd, or Youth Center TOWN Cambridge Community Development Department October 2, 2018 PUD-1 BB BOSTON SOMERVILLE and Buffers Cambridge, Massachasers Cannabis Establishments: BA Selected Base Zoning Districts BROOKLINE Susiness B Business 2 Business C Industry B Industry B-1 Industry A-1 Industr B-2 Busmess A-4 Bumess A.3 L/PUD-5 BOSTON Special Distrit-15 Other Selected Districts Expanded Retal Use Other Distrets Allowing Selected Base Zoning Districts
BELMONT Permitted AOD-1 ARLINGTON ALL FIGURES APPROXIMATE 0-1 ฿8 500 Baffer of Key Facilities 1800° Buffer of Dispensaries Registered Marijuana Dispensaries Key Facilities with 500-Foot Buffers Frosh Pand School, Playground, Playing Iield, or Youth Center С-1А -BA-2 TOWN Cambridge Community Development Department October 2, 2018 PUD-1 PUD.1 BOSTON HSOD BB -BB-2 SOMERVILLE and Buffers Cambridge, Massachusetts Cannabis Establishments: Selected Base Zoning Districts SD-11- BA- BROOKLINE AKD PUD-48 PUD-48 PUO-5 PUD Susiness-i Industry B Вичтом A-4 Industry A-I industry B-1 Indusin B-2 Business A-2 PUD-AC PUD48 MARIPUDS! Specal Distnct-15 BOSTON PUD-3A PUD-SPUDS Other Selected Districts Expanded Retal O'se Other Distnes Allowing Selected Base Zoning Districts
BA BELMONT Permitted AOD-1 ARLINGTON ALL FIGURES APPROXIMATE 18-2 3EKt Buffer of Key Facilities 1800° Buffer of Dispensaries Registered Marijuana Dispensaries Key Facilities with 300-Foot Buffers School, Playground, Plaving Field, or Youth Center -BA-2 TOWN -BA-1 Cambridge Community Development Department October 2, 2018 BA-I PUD-1 PUD.1 BOSTON | H5OD BB- BA-3- SOMERVILLE and Buffers Cambridge, Massachusetts BAZ Cannabis Establishments: BA-1 BB Selected Base Zoning Districts BA BROOKLINE SD-7 E C-38 ASU PUD-5* -U0-40 PUD-3 PUD-5 BA Business 2 Industry B Busness C Businese A-3 Susiness A-2 Susiness A-l Business A-+ Industry B-l Industry A-1 Industry B-2 03-A MXR/PUD-5 os: Special District-15 PUD-3A BOSTON PUD-3/PUD-E Other Selected Districts Expanded Retaul U'sc Other Districts Allowing Selected Base Zoning Districts
BELMONT ARLINGTON ALL FIGURES APPROXIMATE 0-1 500 Buffer of Ker Facilities 1800 Buffer of Dispensaries Registered Marijuana Dispensaries Key Facilities with 500-Foot Buffers Fresh Pom School, Playground, Playing Ireld, or Youth Center TOWN Cambridge Community Development Department October 2, 2018 UD-1 BOSTON SOMERVILLE and Buffers Cambridge, Massachusetts Cannabis Establishments: Selected Base Zoning Districts BROOKLINE MKR 31 Busness 2 Industry IS Business C Susness A-l Industry B-I Industry A-1 Bumess A-4 Business A-3 Busmess A-2 Industry B-2 A•1 BOSTON Special Distnet-15 UD-3/PUD-5 Other Selected Districts Espanded Retail U'se Other Disinch Allowing Selected Base Zoning Districts
BELMONT ARLINGTON ALL FIGURES APPROXIMATE 100- Зixt Buffer of Key Facilities 1800 Buffer of Dispensaries Registered Marijuana Dispensaries Key Facilities with 300-Foot Buffers School, Playground, Plaving Field, or Youth Center TOWN Cambridge Community Development Department October 2, 2018 BOSTON SOMERVILLE and Butters Cambridge, Massachusetts Cannabis Establishments: Selected Base Zoning Districts BROOKLINE PUD Business 2 Industry B Business A Industry B-3 Industry B-1 Susiness A-3 Business A-2 Business A-I Industry A-l MIGRPUD-S. LA-1 BOSTON Specti Distnct-15 Other Selected Districts Expanded Retal U'se Other Districts Allowing Selected Base Zoning Districts
stores retail use Packaging Cambridge Community Development Department October 2, 2018 products are packaged on-site building that is separated from • Concern about controlling odors if • Generally not allowed within retail • Could be allowed in a "stand-alone" residential, institutional, office, or other Ongoing discussion: could be modified? • Are there cases where this
interest because: Cambridge Community Development Department October 2, 2018 purpose of the Zoning Ordinance • Nuisance or hazard would be created • Zoning Ordinance requirements cannot be met • Inconsistent with citywide urban design objectives • Operation of adjacent uses would be adversely affected General Special Permit Criteria (10.43) Special permits are normally granted unless found not to be in the public • Would impair the integrity of the district or derogate from the intent and • Traffic, access, or egress would cause congestion, hazard, change in character
be reduced Specific Criteria appropriately managed Cambridge Community Development Department October 2, 2018 requirements are mitigated aesthetic impacts of security • Loading, refuse, and service are (logistics plan reviewed by TP&T) • Design is compatible with the area, • Availability of medical cannabis will not • Access/egress is convenient, safe, secure agreement or small-scale manufacturing) not already served new adult-use law) New required information: • Status of host community Removed from current zoning: • Must serve an area that is typically required for retail medical marijuana law and • Transportation analysis (not (difference between original
Cambridge Community Development Department October 2, 2018 Design Considerations
availability? Future considerations: Cambridge Community Development Department October 2, 2018 Modifications to petition: • Will parking be adequate? • Are mobile facilities possible? • Can this be regulated as-of-right? • Clarify restrictions on home deliveries. could be mitigated by public art or other measures. Additional Planning Board Considerations • Clarify design intent - ground-floor transparency is preferred, but • How will the Planning Board consider impacts on medical cannabis
• Local tax Cambridge Community Development Department October 2, 2018 • Local social equity programs • Public health & public safety • Host community agreements Other (Non-Zoning) Considerations
Cambridge Community Development Department October 2, 2018 More Information • Cambridge Cannabis Zoning | https://mass-cannabis-control.com/ • Massachusetts Cannabis Control Commission https://www.mass.gov/medical-use-of-marijuana-program https://www.cambridgema.gov/CDD/Projects/Zoning/Cannabis • Medical Use of Marijuana Program (Mass. Dept. of Public Health)
Thank You
ATTACHMENTC 1.6 City of Cambridge Executive Department LISA C. PETERSON LOUIS A. DePASQUALE Deputy City Manager City Manager September 17, 2018 To the Honorable, the City Council: Please find attached for your consideration a Planning Board recommendation to adopt the Cannabis Zoning Petition with suggested revisions and additional considerations. Very truly yours, Lavis Pulanquale. Louis A. DePasquale City Manager LAD/mec Attachments) City Hall - 795 Massachusetts Avenue • Cambridge • Massachusetts • 02139 [phone removed] • tty: [phone removed] • www.cambridgema.gov Packet Pg. 92
1.6.a CITY OF CAMBRIDGE, MASSACHUSETTS PLANNING BOARD CITY HALL ANNEX, 344 BROADWAY, CAMBRIDGE, MA 02139 Date: September 12, 2018 Subject: Cannabis Zoning Petition : Zonina Petition) Recommendation: The Planning Board recommends ADOPTION, with suggested revisions and additional considerations. Cannabls To the Honorable, the City Council, The Planning Board held a public hearing on this City Council zoning petition on August 28, 2018. The Board heard a presentation from Community Development Department staff and testimony from members of the public. Following deliberation, the Board voted to transmit a positive recommendation and to offer the following comments to the Council. The Board is supportive of the proposal in general. Board members acknowledged that the Cambridge public voted strongly in favor of allowing the legal sale of cannabis, and does not see a need to overregulate this type of use. Board members also noted that this is the start of a new industry, and as such it is a unique opportunity to promote economic empowerment and to help make the industry more inclusive to people of diverse backgrounds. The Board supports the approach of allowing cannabis retail stores across all retail districts. There was some discussion of whether requiring a separation between cannabis retail stores was necessary, given that other retail uses are not regulated in this way, and the market would determine how many stores could be viable within a given area. However, the Board ultimately concluded that the 1,800-foot separation, with exceptions as proposed, is an appropriate way to 09172018 CMA 2018 #202 : Plannina Board recomm on achieve the goal of promoting separation among the initial set of cannabis stores in the city and to prevent clustering. The Board recommends the following improvements to the petition: • The Board recommends that 300 feet, rather than 500 feet, is a more rational distance to require as a buffer between cannabis uses and schools or public youth facilities. • The proposed new special permit criteria should be clarified so that the Board can apply them Attachment: PB cannabis in a more straightforward way. For instance, the criterion related to façade design should note that a tränsparent façade would be favorable, and that mitigation is needed only when security requirements result in opaque façades. In such cases, a range of mitigation measures could be possible, including public art. Also, Board members agreed with the intent of Page 1 of 2 Packet Pg. 93
1.6.a City of Cambridge, MA • Planning Board Recommendation Cannabis Zoning Petition protecting the availability of medical cannabis but were unsure how to interpret, assess or make the proposed required finding that a new proposal would not cause a reduction in the availability of medical cannabis. • Given that state regulations do not allow non-medical "marijuana retailers" to offer home deliveries, while medical marijuana dispensaries are allowed to provide that service, there is conflicting language in the definitions that could cause confusion in the case of "cannabis retail stores" that offer co-located medical and non-medical cannabis sales, and that should be clarified. • A comma should be deleted in Section 11.802.3. In addition, Board members made the following comments regarding issues that might be considered in the future: • Board members discussed whether it is necessary to have a special permit process, given that it creates an additional burden for applicants in addition to the licensing process at the state level and the process for executing a local host community agreement. Most of the proposed zoning requirements could be applied objectively, and might not require discretionary review. If' in the future the Council decided that a special permit were not required, the host community agreement could possibly provide a sufficient opportunity to gather public input and to consider a range of issues that are outside the purview of zoning. However, Board members noted that design review is an important component of the special permit process to evaluate or mitigate visual impacts on nearby retail businesses or the character of the district. This design review issue would have to be addressed if the special permit were eliminated. If a special permit and a host community agreement both continue to be required, the relationship between the two should be clearly defined. • Board members suggested further study of whether mobile facilities could be allowed, given that a mobile facility operating on a temporary basis might provide lower barriers to entry for small businesses that cannot afford typical retail rents. It is not clear if this would be possible 09172018 (CMA 2018 #202 : runnina Board recomm on Cannabis Zoning Petition) within state regulations and if it could be done in a way that addresses security conceras, but the Board felt this could be investigated further. • Board members suggested further consideration of whether the proposed parking requirements are adequate or could be improved upon in the future. PB cannabis Respectfully submitted for the Planning Board, Attachment: H Theodore Cohen, Chair. Pagc 2 of2 September 12, 2018 Packet Pg. 94
ATTACHMENT D October 2, 2018 City Of Cambridge City Council Mr. Mayor and the Members of the Cambridge City Council, The proposed zoning is very good and well thought out. I would like to make a few comments in the hopes that you will consider discussing them: • I am of the opinion that there are several reasons why marijuana establishments could be made use-by-right in Cambridge with a few small additions, as opposed to the current Special Permit zoning process, which is intimidating and expensive. • The current zoning proposal has an 1800-foot set back between dispensaries. This clearly limits the number of allowable locations in Cambridge. • Zones that are allowed to have more than one dispensary in them should also have a smaller set back requirement between dispensaries, within the zone. • The host community agreement can be used to regulate any aspect of the process that is currently done via Special Permit. • Recognising the importance of the medical use of marijuana, licenced medical facilities should be given a preferred status when applying for Adult Use. • The current zoning proposal allows for fewer restrictions for economic empowerment applicants, which we are in favour of. However some set back between all dispensaries seems appropriate for the businesses and for the communities they are sited in. • How should the set backs be measured? I would suggest that the 1800 feet setbacks be measured as the crow flies and that shorter set backs (i.e. between dispensaries in a zone that allows for more than one) be described as pedestrian access. A few simple additions to the current zoning proposal could make the Special Permit process un- needed. The advantages are that the Special Process is time consuming, costly and could avoid unnecessary litigation.
ATTACHMENT E Lopez, Donna From: Mary-Ann Donofrio <[email removed]> Sent: Friday, September 21, 2018 12:17 PM To: City Council; City Manager; City Clerk; MAD Cannabis In Cambridge Subject: To the City Council, City Manager and City Clerk I just want to address the zoning of that the City has put together for the use of Cannabis in Cambridge. I read in the Cambridge Chronicle the rules you have put together. I hope you will enforce them and not allow people who want to have these stores to change the rules. There was a presentation at the East Cambridge Planning Team the other night and the group who presented the operation is looking a waiver on the 500 feet distance from a public park. It is time you stand up for what you have put together for the good of the neighborhoods. It seems you make the rules and there is always someone coming along changing them. If a project is to go forward, they know the rules and should follow them. Why make them? I know The City will get the Cannabis stores. Not much I can do about it. But I think changing where they go for the benefit of an individual is wrong. Thank you for listening to me and I hope you do the correct thing as time goes on. Mary Ann Donofrio, 120 Gore S1., Enst Cambridge, MAt 1