Search ▸ Communication to the City Council
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
⚠ 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
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Yes
Yes
Yes
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1.22.a
1Pg. 90
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Page 4 of 18
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A-3'
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No12
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No12
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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
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182
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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
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:
SP
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Packet Pg. 91
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Page 5 of 18
SP
SP
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No
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PB58
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PB58
Yes
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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
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1.22.a
1Pg. 92
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Page G of 18
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Res
CIA 0.
3, ЗА, ЗВ 3.ЗА
No
No
No
No
No
No
No
140
No
No
No
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No
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Res 2, 2A, 2B, 2A,2,
No
No
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No
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No
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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
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1.22.a
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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