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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 November 15, 2018 to continue discussions on the petition filed by the City Council to amend the Zoning Ordinance as it relates to cannabis uses

From Donna P. Lopez, City Clerk·Council meeting Dec 3, 2018·34 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.

ATTACHMENTA Cannabis Zoning Amendment - Proposed Text Changes per Recommendations of Planning Board and Ordinance Committee Additions to the Zoning Ordinance shown in underline format. Deletions shown in strikeout format. 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 to cultivate, process and package cannabis or mariuana, and to transfer cannabis or mariuana to other Cannabis or Mariluana. Establishments, but not to consumers. A Craft Marijuana Cooperative is a type of Mariuana Cultivator, pursuant to 935 CMR 500.000. Cannabis Establishment. A Marilyana Cultivator, Craft Marijuana Cooperative, Marituana Product Manufacturer, Marijuana Retailer, independent Testing Laboratory, Mariana Research Facility, Mariana Transporter, or any other type of marijuana-related business licensed by the Massachusetts Cannabis Control Commission, except a medical mariuana treatment center. Cannabis Independent Testing Laboratory. A laboratory that is licensed by the Massachusetts Cannabis Control Commission and is: (a) accredited to the International Organization for Standardization 17025 (150/IEC. 17025: 2017) by a third-party accrediting body that is a sienatory to the International Laboratory Accreditation Accrediting Copperation mutual reconnition arrangement or that is otherwise approved by the (b) independent financially from any Medical Marijuana Treatment Center (RMO), Cannabis or Mariuana establishment or licensee for which it conducts a test; and (c) qualtied to test cannabis or marijuana in compliance with 935 CMR 500.160 and M.G.L. c. 94C. $ Cannabis Microbusiness. A co-located Cannabis or Marijuana Establishment that can be either a Tier 1 Marijuana Cultivator or Product Manufacturer or both, pursuant to 935 CMR 500.00, in compliance with the operating procedures for each license. A Microbusiness that is a Cannabis Mariuana Product Manufacturer may purchase no more than 2,000 pounds of mariluana per vear from other Cannabis Marijuana Establishments, pursuant to 935 CMR 500.000- Cannabis Product Monufacturer. An entity licensed by the Massachusetts Cannabis Control Commission as a Mariana Product Manufacturer to obtain, manufacture, process and package cannabis or marijuana products and to transfer these products to other Cannabis or Mariuana Establishments, but not to consumers. City of Cambridge Community Development Department • November 13, 2018 Page 1 of 22
Cannabis Zoning Amendment - Proposed Text Changes per Recommendations of Planning Board and Ordinance Committee Additions to the Zoning Ordinance shown in underline format. Deletions shown in strikeout format. 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 to cultivate, process and package cannabis or marjuana, and to transfer cannabis or marijuana to other cannabis or Mariluana Establishments, but not to consumers. A Craft Mariuana Copperative is a type of Marijuana Cultivator pursuant to 935 CMR 500.000. Cannabis Establishment. A Mariuana Cultivator, Craft Marijuana Cooperative, Marituana Product Manufacturer, Mariluana Retailer, Independent Testing Laboratory, Marijuana Research Facitity, Marijuana Transporter, or any other type of marijuana related business licensed by the Massachusetts Cannabis Control Commission, except a medical marijuana treatment center. Cannabis Independent Testing Laboratory. A laboratory that is licensed by the Massachusetts Cannabis Control Commission and is: (a) accredited to the International Organization for Standardization 17025(150/IEC 17025: 2017) by. a third party accrediting body that is a signatory to the International Laboratory Accreditation Accrediting Cooperation mutual recognition arrangement or that is otherwise approved by the Commission: (b) independent financially from any Medical Mariuana Treatment Center (RMD), Cannabis or Marijuana Establishment or licensee for which it conducts a test; and (c) qualified to test cannabis or marijuana in compliance with 935 CMR 500,160 and M.G.L. c. 94C, § 34. Cannabis Microbusiness. A co-located Cannabis or Marijuana Establishment that can be elther a Tier 1 Marituana Cultivator or Product Manufacturer or both, pursuant to 935 CMR 500.00, in compliance with the operating procedures for each license. A Microbusiness that is a Cannabis Mariluana Product Manufacturer may purchase no more than 2,000 pounds of marliuana per year from other Cannabis Marijuana, Establishments, pursuant to 935 CMR 500.000. Cannabis Product Manufocturer. An entity licensed by the Massachusetts Cannabis Control Commission as a Marijuana Product Manufacturer to obtain, manufacture, process and package cannabis or marliuana products and to transfer these products to other Cannabis or Marijuana Establishments, but not to consumers. City of Cambridge Community Development Department • November 13, 2018 Page 1 of 22
Cannabis Zoning Amendment - Proposed Text Changes per Recommendations of Planning Board and Ordinance Committee Additions to the Zoning Ordinance shown in underline format. Deletions shown in strikeout form.. Cannabis Products. Cannabis or marijuana and its products unless otherwise indicated. These include products that have been manufactured and contain cannabis or marijuana or an extract from cannabis or marijuana, includins 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 products, beverages, topical products, ointments, oils and tinctures. Cannabis Production Facility. An establishment authorized to cultivate, manufacture, process, or package cannabis or mariuana products, in accordance with applicabie state laws and regulations. A Cannais Production Facility may be licensed to operate as a Cannabis or Marijuana Cultivator or Cannadis or Marijuana Product Manufacturer, or registered as a Medical Marijuana Treatment Center (also known as a Registered Marijuana Dispensary,or RMD), or both, in accordance with applicable state laws and regulations. Cannabls Research Facility. An entity licensed to engage in research projects by the Massachusetts Cannabis Control Commission Cannabis Retall Store. An establishment authorized to sell or otherwise transfer cannabis or marijuana products to consumers for use off the premises, but not to cultivate, manufacture, process, or package cannabis or mariuana products, in accordance with applicable state laws and regulations. A Cannabis Retail Store may be licensed to operate as a Cannabis or Marijuana Retailer or registered as a Medical Mariuana Treatment Center (also known as a Registered Mariuana Dispensary or RMD), or both, in accordance with applicable state laws and regulations. Cannabis Retailer. An entity licensed by the Massachusetts Cannabis Control Cormission as a Marijuana Retailer to purchase and transport cannabis or marijuana products from Cannabis or Marijuana Establishments and to sell or otherwise transfer these products to Cannabis Marijuana Establishments and to consumers. Retailers are prohibited from delivering cannabis or martiana products to consumers: and from offering cannabis or mariuana products for the purposes of on-site sociat consumption on the premises of a Cannabis or Marijuana Establishment. Cannabis Use. A Cannabis Production Facility or Cannabis Retail Store, as defined in this Zoning Ordinance. City of Cambridge Community Development Department • November 13, 2018 Page 2 of 22
Cannabis Zoning Amendment - Proposed Text Changes per Recommendations of Planning Board and Ordinance Committee Additions to the Zoning Ordinance shown in underline format. Deletions shown in strikeout format. Amend the definition of "Registered Marijuana Dispensary" in Article 2.000 to read as follows: Cannabis Morisone Dispensary, Registered Registered Marijuana Dispensory, also known as Registered Marijuana Dispensary, RMD or Medical Marijuana Treatment Center shall rear-aA establishment-properly registered with-the Massathusetts Department of Public Health a not-for-profit entity registered under 105 CMR 725.100: Registration of Registered Marijuana Dispensaries that acquires, cuitivates, possesses, processes (including development of related products such as edible marijuana infused cannabis products, tinctures, aerosots, oils, or ointments), transfers, transports, seils, distributes, dispenses, or administers marijuana, products containing marijuana cannabis products, related supplies, or educational materials to registered qualifying patients or their personal caregivers for medical use in accordance with applicable state laws and regulations. Unless otherwise specified, RMD refers to the site(s) of dispensing, cultivation, and preparation of cannabis or marijuana for medical use. Page 3 of 22 City of Cambridge Community Development Department • November 13, 2018
Cannabis Zoning Amendment - Proposed Text Changes per Recommendations of Planning Board and Ordinance Committee Additions to the Zoning Ordinance shown in underline format. Deletions shown in strikeout format. Amend Section 4.35 of the Table of Use Regulations to read as follows: c, c-1, off Bus B, Bus В 3, ЗА, ЗВ 3,3А Spece IS ReS 2, 24, 28 2,32 ind 4.35 Reroil Business and Consumer Service Establishments o. Store for retall sale of merchandise 23 • Establishment providing convenience good such as drug stores, food stares, tobacco newspaper and magazine stores, variety stores, and liquor stores. 2 Yes Yes 2. Other retail establishments No Yes b. place for the manujacturing, assembly o ackaging of consumer goods Yes Yes Yes Yes laundry or other similor establishment Yes Yesto Yes No"t Yes Yes'" Yes Yes d. Hand laundry, dry cleaning or tailoring shop 2 Yes Yes Yes NosT Yes Yes Yes Yes Yes €. Lunchroom, restourant, cafeteria?? resta Yes Yes 1. Establishments where alcoholic heveroges are so eateninsure is providere no dancing No No Yes Yes No Yes Yes No Yesto Yes Yes's I. Lunchroat, restaurant, cafeteria Nost Yes 2. Bar, saloon, or other establishmen serving alcaholic beverages but which is no No No Yes No #censed to prepare or serve food Yes Yes!! No Yes SP Yes No!? Yes No" Spis Sur or niher establishment where alcaholic beverages are sold and consumed and where dancing and entertainment is provided. Dance hall or similar ploce of entertainment PUD h. Theatre or hall for public gatherings PUD commercial recreation PUD Mortuary, undertaking or funeral establishment Printing shop, photographer's studio Yes M!!! City of Cambridge Community Development Department • November 13, 2018 Page 4 of 22 •
Cannabis Zoning Amendment - Proposed Text Changes per Recommendations of Planning Board and Ordinance Committee Additions to the Zoning Ordinance shown in underline format. Deletions shown in strikeout format. 1. Veterinary establishment, kennel, pet shop or similar establishment 29° No No SP SP No No SPIR No 5P No SP 5P SP Nost m. Sales place for new and used car, rentai agency for autos, froilers and motorcycies 30 Yes Yes PUD No"s n. Office including display or sales space of a wholesale, jobbing or similar establishment" Yes Yes Yes" Yes D. Fast Order Food Establishment 5P SP PUD No" Deleted Art/Craft Studio Yes Bakery, Retail PUD Registereit Murphena Dispensary Cannabls Retail Store No City of Cambridge Community Development Department • November 13, 2018 Page 5 of 22
Cannabis Zoning Amendment - Proposed Text Changes per Recommendations of Planning Board and Ordinance Committee Additions to the Zoning Ordinance shown in underline format. Deletions shown in strikeaut format. Amend Section 4.37 of the Table of Use Regulations to read as follows: Res C. C-1, off Spee 2052 Be 3.31.28 2,7 4.37 Light industry, Wholesale Business and Storage No No Yes No No No No No No Yes Yes o. Assembly or packaging of articles "3 reste No Yes • Momentume, treasing assembly and No No No No No No No No No Yes Yes Yes Yes 1. Coting burno the mane acting edetter Yes 2. Food products, including bakery, No No Yes No No Yes No confectionery and dairy products Yes No No Yes Yes No 3. No Yes Drugs No Yes No Yes No Yes Yes 4. Electrical, electronic and communication No No No No Yes instruments Yes Yes Yes Yes :.== 5. gineering, laboratory and sclent No truments, temperature contr No No No Yes No. No No No No Yes Yes Yes les 6. jewelry, insignia, emblems ond badge, lapidary, scale models, dolis, costume Yes Jeweiry and costume navelties Yes Yes 7. Yes Yes Lamp stades except of glass or metal Yes B. Leather goods, excluding footwear and soddlery No No No No No Yes Yes No Yes Yes No Yes No No 9. Yes Yes Yes Yes Yes Yes 10. Paper and paperboard products 3s Yes 11. Pens and mechanical pencils Yes Yes Yes Yes 12. Plaster of Paris or papier muche products Yes 13. Office machines, including cash registers, computing machines and typewriters, scoles and balances No No No No No Yes No Yes No No Yes No Yes Yes No 14. Umbrellas, parasols and canes No No No No No Yes No No Yes No Yes Yes Yes City of Cambridge Community Development Department • November 13, 2018 Page 6 of 22
Cannabis Zoning Amendment - Proposed Text Changes per Recommendations of Planning Board and Ordinance Committee Additions to the Zoning Ordinance shown in underline format, Deletions shown in strikeout format. 15. Watches, clocks, watchcoses, clockwark mechanisms No No No Yes No Yes No Yes Yes No No No No Yes No c. Bottling of beverages No No No No No Yes Yes No No No Yes Yes No Distribution center, parcel delivery center, delivery warehouse No No No No Yes No No Yes Yes No No No No Yes e. Laundry, dry cleaning plant No No No Yes Yes No No No SP Yes No No 5P No Printing, binding, publishing and related arts and trades No No No No No No No No Yes No Yes Yes Yes Yes Auto body or paint shop is No No No No No No No Yes 5P Yes No No No SP Automative repair garage not including auto body or paint shop 3? No No No No SP No SP Spia Yes 5P SP 5P Yes SP No Food Commissary No No No No Yes No Yes No Yes SP No Yes No /. Wholesale business and storage in roofed structure, but not including wholesale storage of flammable liquids, gas or explasives No No No No No No No SP No No Yes Yeste Yes Yes Storage warehouse, cald storage pfort, stora ding, but not including storage or bailing junk, scrap metal, rags, waste paper or used rubber Yes Yes! l. Open lot storage of new bullding materials, machinery, and new metals, but not including junk, scrap metal, rags, waste poper and similar materlats 18 5P SP SP • Open lot storage of coal, coke, sand, i her similar material, or such storage in sik No No No or hoppers 32 1. Cannabis Production Fachity Add footnote 58 to Section 4.40, Footnotes to the Table of Use Regulations to read as follows: 58. Subiect to the provisions of Section 11.800, Cannabis Uses. City of Cambridge Community Development Department • November 13, 2018 Page 7 of 22
Cannabis Zoning Amendment - Proposed Text Changes per Recommendations of Planning Board and Ordinance Committee Additions to the Zoning Ordinance shown in underline format. Deletions shown in strikeout-format. Amend Section 6.36.5 of the Schedule of Parking and Loading Requirements to read as follows: Res C, C.1, C- 1A, Off 1, Bus A Bus. C, C-1, ind ind B-1, Res C-3, С-34, С-38, ОГ Long-Term Short-Term Open Space 42, 2224 ReS Bicycle 3-A, 3, Bus 8, loading Bicycie Res A-1, A-2 Ind A-2, ind 8, C-28, Bus A Parking Parking Facility Res B (res) (6.107.2) Land Use Category Category (6.107.3) Bus B-1, B-2 .36.5 Retail Business and Consumer Servic stablishmen •..Stare for retail sale of merchandise 1) Establishment providing conventente per 1000 sq. ft. n/o NI per 500 sq. ler 700 sa. per 290 3. F. 1 per 1200 59) goods!? per 500 sq. 2) Otter retail establishmenes NA I per 700 sa. je. 1 per 900 sq. ft. N2 per 250 sq. 1 per 500 sq. /t. 1 per 600 sq. ft. I per 800 sq./t. Place for the manufacturing, assembly o 1 per 1200 sq. ft. N5 NS 1 per 1600 sq. ft. packaging of consumer goods c. n/o N2 N4 1 per 1400 sq. ft 1 per 1800 sq. fl 1 per 1200 sq. ft 1 per 700 sq. /t. establishment d. Hand laundry, dry cleaning or tailoring N4 2 per 1000 59. ft 1 per 1800 sa. ft. 1 per 1400 sq. jt. 1 per 500 sq. ft 1 per 700 s4. ft. 1 per 1200 sa. ft. e. shashion, return, caperiod N3 per 10 sear 1 per 10 seats 1 per 15 seats? per 2.5 sec s perspers) I per 5 seats Essabilishments where alcaholic beverages are sold and consumed and where no danting or entertainment is provided. 1) Lunchroom, resteurant or cafeteris NI N3 per 5 seat I per 10 seats 1 per 15 seats per 2.5 sec 1 per 10 seat 1 per 5 seats I per 10 seats NI N3 1 per 5 seats her 25825 Per 359 per not licensed to prepare or serve food 10 seots n/o 1 per 10 seats 1 per 15 seats NI NS I per 10 seats 1 per 5 seats where dancing and entertainment is provided. Dance hali or similar place of entertairment t. Theatre or hall for public gothering 1 per 15 seats n/a N5 NI I per 10 seats i per eas 1 per 5 seats 1 per 10 seats City of Cambridge Community Development Department • November 13, 2018 Page 8 of 22
Cannabis Zoning Amendment - Proposed Text Changes per Recommendations of Planning Board and Ordinance Committee Additions to the Zoning Ordinance shown in underline format. Deletions shown in strikeout format. Res C, C-i. C. Bus. C, C-1, Ind ind B-1, Res C-3, 1A, Off I, Bus A {Comm), Sus A- A, OF 2, 2A, Res С-ЗА, С.3В, ОБ C-2, C-ZA, Res pen Spac A-2, Bus A-s Bicycle 3-4, 3, Bus B; Loading Lonaterm Shortem 1, ind A-1, li e5 A-1, A. C-2B, Bus A Facility Parking Ind A-2, ind 8, Parking Res B 8•2, Ind C (res) (6.107.2) Category (6.107.3) Bus 8-3, B-2 n/a tand is Commerce recretion F 1 per 6 person I per 6 persons 1 per 6 persons ased o based on based on maximum maximum maximum permitted permitted permitted capocity capacity ja Mortuary, undertaking or funeral 4 per chapeí, F п/а NZ 4 per chopel, 4 per chapel, establishment parlor porfor or reposing room or reposing room or reposing roam Printing shop, photographer's studio 1 per 500 sq. ft. N4 F 1 per 700 sa. /t 3 per 500 sa. ft. 1 per 500 sq. ft. N2 1 per 250 sa. ft п/0 1 per 350 sq. ft. Animal Servic п/о i Vegerinory establishment, kenn 1 per 400 sq. ft. N3 1 per 500 so. ft N3 1 per 200 sa. /t. 1 per 330 sq. ft 2) Pet shop or similar esriblishment N/a F 1 per 700 sq. ft. per 500 sq. 1 per 900 per NA NZ er 250 sq. 1 per 350 sq. ft. 1 per 600 sq. /t. Sales place for new and used cars, vehicle NS I per 1400 sq. ft. 1 per 1000 sq. ft. NS 1 per 1800 sq. S rental agencies 1 per 500 sq. /t 1 per 700 sq. ft. 1 per 1200 sq. j ver 600 sq. I per 800 sa. f n. NI 1 per 1000 sq.. NS per 300 sa. i per 400 sg. f 1 per 670 sq. J oic recting ding cry or ate paces of Fast Order Food Establishment N3 nto п/об п/06 n/0 Art/Craft Studio23 iper 3000sg. ft. NI n/a N5 s. Cannabis Retail Store Lner 1800 s0. /t, 1 per 1000 sa. l NA N2 Aper 500 s4. I 1 per 700 sq. ft. 1ner 1200 59.ft. City of Cambridge Community Development Department • November 13, 2018 Page 9 of 22
Cannabis Zoning Amendment - Proposed Text Changes per Recommendations of Planning Board and Ordinance Committee Additions to the Zoning Ordinance shown in underline format. Deletions shown in strikeout fermat Amend Section 6.36.7 of the Schedule of Parking and Loading Requirements to read as follows: Res C, C-1, C- 1A, Off 1, BuS A Bus. C, C-1, Ind ind B-1, Res C-3, (Comm), Bus A- 4, Off 2, 2A, Res С-ЗА, С-3В, Off Long-Term Short-Term 3, A-2, BUS A-3*", Open Space Bicycle G-2, C-2A, Res 3-A, 3, Bus 8, Bicycle Loading Res A-1, A-2 A-d, ind 4-1, Ind Parking Facility C.2B, BUs A Parking Land Use Category Categary Bus 8-1, B-2 (5.107.3) 16.107.22 6.7 Light industry, Wholesale, Busine d Stora 1 per 1600 sq. ft. 1 per 1200 sq. ft. o. Assembly or packaging of articles N5 NS A 1 per 2000 s4. ft Manufacture, processing, assembly and packaging the following: 1. Clothing but not the manujocture of the 1 per 1200 sq. ft. 1 per 1600 sq. ft. NS 1 per 2000 sa. ft. cloth or other material of which the cloth i made 1 per 1600 sq. ft. 2. Food products, including bakery 1 per 1200 sq. ft. NS n/a NS I per 2000 s4. p confectionery and dairy products N5 3. Drugs N/a NS 1 per 1600 sq. ft. 1 per 1200 sq. ft 1 per 2000 sq. ft. I per 1200 sq. /t 1 per 1600 sq. ft. NS N5 1 per 2000 sq. it. 1 per 1600 sq. ft. 5. Engineering, laboratory and scientific I per 1200 sa. ft NS A NS 1 per 2000 sq. /t. Instruments, temperature controis 1 per 1600 sa. ft. n/o NS NS 1 per 2000 sq. ft. 1 per 1200 sq. /t. 1 per 1200 sq. ft 1 per 1600 sq. ft • Lamp shades except of glass or meta N/a 1 per 2000 sq. ft. 1 per 1600 54. ft. 1. Leather goods, excluding footweor an 1 per 1200 sq. ft n/o NS 1 per 2000 sq. ft. 1 per 1600 sq. ft. 1 per 1200 sq. ft. A N5 NS I per 2000 sa. ft. 20, Paper and paperboard products 1 per 160D sq. ft. n/a N5 N5 1 per 2000 sq. it 1 per 1200 sq. St 1 per 1600 sq. ft. 11. Pens and pencits NS N/a ...1 per 2000 sq. ft. 1 per 1200 sq. It 1 per 1600 sq. ft. 1 per 1200 sq. ft 12. Plaster of paris or paper mache NS N5 1 per 2000 sa. ft. 1 per 1200 sq. ft. 1 per 1600 sa. ft. 3. Office machines, including cas A N5 NS 1 per 2000 sq. ft egisters, computing machines an cypewriters, scales and balances n/a NS 14. Umbrellas, parasols and cartes 1 per 2000 sq. ft. 1 per 1600 sq. ft. . 1 per 1200 sq. fr NS 15. Watches, clocks, watchcoses, n/o NS N5 1 per 1200 sq. ft. I per 2000 s4. ft. 1 per 1600 sq. ft. clockwork mechanisms N5 Bottling of beverages n/a NS 1 per 1200 sq. ft. 3 per 1600 sg. riper 2000 sa.f A City of Cambridge Community Development Department • November 13, 2018 Page 10 of 22
Cannabis Zoning Amendment - Proposed Text Changes per Recommendations of Planning Board and Ordinance Committee Additions to the Zoning Ordinance shown in underline format: Deletions shown in strikeout format. Res C, C-1, 4 (Comm), Bus A- I, A-2, Bus A-7id A-4, ind A-1, Ind 1 per 1600 sq. Jr. 7 300202 . N/° 1 per 1200 sa. ft. NS 1 per 1600 sq. ft. I per 2000 sa. ft. r%a 1 per 1600 sq. /t 1 per 1200 sq. ft NS NS 1 per 2000 so. ft. arts and trades Auto bady or palint shop 2 per bay Automotive repair garage 2 per bay Food cammissary 1 per 1200 sq. ft. _I per 2000 sa. fL Whalesale business and storage in roofed 1 per 2400 sq. ft. 1 per 1600 sq. ft. 1 per 2000 sa. iz. structure, but not including wholesale storage offlammable liquid, gas or explosive Starage warehouse, cold storage plant, n/o A NS I per 2000 sq. ft. i per 2600 sq.ft. NS 1 per 3000 sq./ Open lot storage of new building materials per 160059. 1 per 2000 sa. ft. 1 per 3000 sq. A N515 N5'5 nachinery and new metal lot are lat orea. t area, - m. n/a en lot storage of coal, coke, sand A 1 per 2000 sq. ft. 1 per 1600 sq. fi NSiS N5'5 her similar material, or such storog lot area 1 per staresa. ft. lot area silas or hoppers Cannesis Production Faciled .1per 1200 sg.ft. n/g N5 1 per 1500 sa. fl 1 per 2000 sa. 1s NS City of Cambridge Community Development Department • November 13, 2018 Page 11 of 22
Cannabis Zoning Amendment - Proposed Text Changes per Recommendations of Planning Board and Ordinance Committee Additions to the Zoning Ordinance shown in underline format. Deletions shown in strikeout-format. Amend Section 11.800 of the Zoning Ordinance to read as follows: 11.800 MEDICAL MARHUANACANNABIS USES 11.801 Statement of Purpose. The purpose of this section is to provide for the limited establishment of Registered Marijuana Dispensaries for the medical use of cannabis products and Cannabis Establishments for the non-medical use of cannabis products, as they are authorized pursuant to applicable state laws and regulations set forth at 105 CMR 725.000, Implementation of anAet for-the Humanitarian Medical Use of Marijuana. That is the intent of this ordinance, subject to state regulatien, that any approved medicinal marjuana focility shall not-physically incorporate a-future recreational mafijuana facility within the same location to-the extent permitted-by-law. 11.802 General Requirements 11.802.1 Allowed Cannabis Uses. Notwithstanding the use limitation of the base zoning district tor-any everlay zoning distriet, a Registered Marijuana Dispensary (a) Cannabis Retail Stores and Cannabls Production, Facilities shall be allowed up only after the granting of a special permit by the Planning Board, subject to the requirements set forth in this Section 11.800, et sea. (b) Either Cannabis Retail Stores or Cannabis Production Facilities, as defined in Article 2,000 of this Zoning Ordinance, may be established to provide cannabis products for medical or non- medical use, or both, in accordance with applicable state laws and regulations [c) A Cannabis Retail Store or Cannabis. Production Facility. that has previously received a special permit from the Planning Board only to authorize a Registered Marijuana Dispensary shall be required to amend its previously issued special permit to authorize the conversion to or co: location of a Cannabis Establishment for the non-medical use of cannabis or mariuana. 11.802.2 Licenses and Registration. All permitted Registered Marijuana Dispensaries shall be properly fegistered with the Massachusetts Department of Public Health-pursuant to 105 EMR 725.100 A special permit issued pursuant to this Section shall be conditioned on the Permittee maintaining all required state and local licenses and/or registrations and shalt complying with all applicable "And local" added in case any local state and local public health regufations and all other applicable laws, rules and regulations at all licenses or registration is required. City of Cambridge Community Development Department • November 13, 2018 Page 12 of 22
Cannabis Zoning Amendment - Proposed Text Changes per Recommendations of Planning Board and Ordinance Committee Additions to the Zoning Ordinance shown in underline format. Deletions shown in strikeout format. times. No Building Permit or Certificate of Occupancy shall be issued for a Registered Marijuana Dispensary Cannabis Use that is not properly licensed and/or registered with the Massachusetts Department of Public Health applicable state and local apencies. 11.802.3 Limitation of Approval. A special permit authorizing the establishment of a Registered Marijuana Dispensary Cannabis Retail Store or Cannabis Production Facility shall be valid only for the licensed or registered entity to which the special permit was issued, and only for the site on which the Registered Marijuana Dispersary Cannabis Retail Store or Cannabis Production Facility has been authorized by special permit. If the license or registration for a Registered Marijuana Dispensary Cannabis Use has not been renewed or has been revoked, transferred to another, controlling entity, or relocated to a different site, a new special permit shall be Comma deleted per Planning Board required prior to issuance of a Certificate of Occupancy. recommendation. This-erdinance will-be reconsidered by the Ordinance Committee if upceming recreational marijuana regulations created by-the Commonwealth of Massachusetts impacts-the-location and desirability of medical-marijuana facilities, in particular the possibility of having a joint location for both-now allowed-medical services and future recreational services: 11.802.4 Building. A Registered Marijuana Dispensary Cannabis Retail Store or Cannabis Production taclity shall be located only in a permanent building and not within any mobile facility. All sales, cultivation, manufacturing, and other related activities shall be conducted within the building, except in cases where-or-by home deliveries-to qualified clients are authorized to serve Clarification based on current state qualified medical marijuana patients pursuant to applicable state and local regulations. laws that authorize home deliveries 11.802.5 Dimensional Requirements. Except-where-it is explieitly stated otherwise in this Section for medical marijuana dispensaries but not for adult-use retail 11.809, a Registered Marijuana Dispensary shalt-conform to the dimensional requirements applicable to non residentiat-uses within the base and overlay districts. establishments, per Planning Board recommendation. 11.802.6 Parking and Loading.. Notwithstanding anything-to the contrary in Article 5.000 of this Ordinance, the required number of parking and-bicycle parking (beth long term and short term) spaces-and the required-number of loading bays for a Registered Marijvana-Dispensary shall be determined-bythe Planning Board-based on the transportation analysis and other information related to operational and security plans provided by thie applicant. Except-as-set forth above, City of Cambridge Community Development Department • November 13; 2018 Page 13 of 22
Cannabis Zoning Amendment - Proposed Text Changes per Recommendations of Planning Board and Ordinance Committee Additions to the Zoning Ordinance shown in underline format. Deletions shown in strikeout format. all parking, bicycle parking andloading facilities shall conform-to the requirements set fortiz in Article 6:090. 11,802,7 Signage. All signage shall centirm to the requirements of Article 7.000 af-this Ordinance. The flanning Board-may imposed additional restrictions on signage-as appropriate to-mitigate-any aesthetic impacts: 11.802.5 Cannabis Research and Testing Facilities. A Cannabis Establishment that is licensed as a Cannabis Independent Testing Laboratory or Cannabis Research Facility pursuant to applicable state laws and regulations, but is not authorized to sell or otherwise transfer Cannabis Products to consumers or to cultivate, manufacture, or otherwise produce Cannabis Products that are intended to be sold or otherwise transferred to consumers, shall be regulated within the Table of Use Regulations in Section 4.30 of this Zoning Ordinance as a Technical Office (Section 4.34, Item "*.") or, if such establishment is noncommercial, a Noncommercial Research Facility (Section 4.33, Item "c."). Such establishment shall comply with all state and jocal taws and regulațions, including regulations promulgated by the Cambridge Public Health Department, where applicable. 11-802.8-11.803, Location Standards. 11.803.1. Registered Marijuana-Dispensaries Cannabis Retail Stores. (a) Cannabis Retail Stores shall be allowed only by Planning Board Special Permit within the Ordinance Committee following districts: Business A (BA), Business A-1 (BA-1), Business A-2 (BA-2), Business A-3 (BA- recommended maintaining the 34 Business B[BB), Business B-1 [BB-1), Business B-2 1BB-2), Business C(BC), Industry A-1 {lA-1), proposed set of districts. Industry B (8), industry B-1(18-1), and Industry B-2. 1B-2) districts, and special districts and overlay districts whose use regulations are based on those of any of the aforementioned districts, subject to any limitations set forth in the regulations of those districts. (b) No Registered Marijuana Dispensaries A Cannabis Retail Store shall not be allowed permitted within one thousand and eight hundred (1,800) feet of another Registered Marijuana Dispensary- Cannabis Retail Store, except under the following ercumstances: 4 A cannabic Retait store mar be permited at a location whin the Business BaLer Business C/BC distic er within a flanned Unit Pevelopment /PUD overay disaster City of Cambridge Community Development Department • November 13, 2018 Page 14 of 22
Cannabis Zoning Amendment - Proposed Text Changes per Recommendations of Planning Board and Ordinance Committee Additions to the Zoning Ordinance shown in underline format. Deletions shown in strikeout format. Alewife qverlay Distict (ADD), Ethere is no more then one other permitted Cannabis Retal! Store within 2,800 feet of that location: It The limitations set forthan Paragraph bhand Subparan ash above may be walved bi Ordinance Committee the Heeding Beard if the applicant has been designated as an Economic Empowerment recommended not allowing two Applicant or certified as eligible to participate in the Social Equity Program. by the Cannabis Retail Stores within 1,800 Massachusetts Cannabis Contral Commission. feet in certain districts, and recommended allowing a waiver for (c) Unless the permittee agrees in writing and it is made a condition of the special permit that Social Equity Program eligible al products offered to consumers shall be pre-packaged off-site, and no packaging or applicants. repackaging of cannabis or mariluana products shall take place on the premises, a Cannabis Retail Store shall not be permitted in a building containing a residential, institutional, office, or direrent retali use, or in a building that is within 100 feet of a building containing a residențial, institutional, office, or different retail use. 11.803.2 Cannabis Production Facilities shall be allowed only by Planning Board Special Permit in the Ordinance Committee Industry B-2 (fB-2) district, provided that the establishment is not greater than 5,000 10,000 recommended expanding the size square feet in Gross Floor Area, and provided that the estabishments teensed as a Cannobis limit for cultivation/manufacturing Microbusiness if Cannabis Products are cultivated or manufactured for non medical use. establishments. 11.803.3 Buffer Zones. (a) A Cannabis Retail Store or Cannabis Production Facility shall not be permitted within 500 Ordinance Committee and Planning 300 feet of a pre-existing public or private school providing education in kindergarten or any of Board recommended reducing the grades one through 12, except where the Planning Board, in issuing a special permit, approves a buffer distance to 300 feet. reduced distance upon finding that the location will cause no substantial adverse impact due to site-specific factors or other mitigating efforts agreed to in writing by the permittee and made conditions of the specia permit. (b) A Cannabis Retail Store or Cannabis Production Facility shall not be permitted within 599 300 feet of a pre-existing public children's playground, public youth athletic field, or public youth 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 site-specific factors or other mitigating efforts agreed to in writing by the permittee and made conditions of the special permit. City of Cambridge Community Development Department • November 13, 2018 Page 15 of 22
Cannabis Zoning Amendment - Proposed Text Changes per Recommendations of Planning Board and Ordinance Committee Additions to the Zoning Ordinance shown in underline format. Deletions shown in strikeout format. 11.803-11.804 Application Requirements. An application to the Planning Board shall include contain, at a minimum, the following information: (a) Description of Activities: a narrative providing information about the type and scale of all activities that will take place on the proposed site, including but not limited to cultivating and processing of Cannabis of tharitana Infused Products MIPs), on-site sales, off-site deliveries, distribution of educational materials, and other programs or activities. fat-service Area: A map and-narrative describing the area proposed te-be-served by the Registered-Maritana Dispensary-and tie-anticipated number of clients that will-be-served witfit-that area. 77t5-description shail indicate where any other Registered Marijuana Dispensaries exist or have-been proposed witl the expected service area. fel Transportation Analysis: A-quantitate anałysis, prepared by a qualified-transportation specialist aceptable to the Planning Beard, modeling the expected origin and-frequency of elient and employee trips to the site, the expected modes of transpertation used by clients-and employees, and the frequency and scale of deliveries to and from the-site. (d)(b) Context Map: A map identifying, at a minimum, the location of the proposed 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 locations of all children's playgrounds, youth athletic fields, or other youth recreation facilities. with measured distances provided to demonstrate whether.the location complies with the standards of Section 11.803 above depieting all properties and-land uses within a one thousand (1,000) foot radius (minimum) of the project-site, whether uses are -lecatech in Cambridge of within-sutrounding communities, including but not limited to-alt educationat uses, daycare, preschool and afterseheel prograrns. felic) Site Plan: A plan or pians depicting all existing and proposed development on the property, including the dimensions of the building, the detailed layout of automobile and bicycle parking, the location of pedestrian, bicycle and vehicular points of access and egress, the location and design of all loading, refuse and service facilities, the location, type and direction of all outdoor lighting on the site, and any landscape design. City of Cambridge Community Development Department • November 13, 2018 Page 16 of 22
Cannabis Zoning Amendment - Proposed Text Changes per Recommendations of Planning Board and Ordinance Committee Additions to the Zoning Ordinance shown in underline format. Deletions shown in strikeou-format. #ic Building Elevations and Signage: Architectural drawings of all exterior building facades 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. le) Logistics Plan: A plan identifving the on-site or off-site locations where deliveries and loading functions will take place and a narrative describing how deliveries to the site, loading, and other service functions will be conducted, as well as a plan and narrative identifying the transportation options for çustomers and employees, including public transportation services. on-site and off-site parking facilities, and bicycle facilities. (a)ff License or Registration Materials: Copies of registration materials issued by the Massachusetts Department of Public Health and any all materials submitted to the Massachusetts Department of Public Health-applicable state and local agencies for the purpose of seeking licensing and/or registration, and any certification or license issued by any such agency, excluding any information required by law to be kept confidential to-confirm that all infermation provided to the Planning Board is consistent with the information provided to-the Massachusetts Department of Public Health. 1R) Host Community Agreement: A narrative describine progress that has been made at the time of application toward establishing a host community agreement with the City of Cambridge. 11.804-11.805 Special Permit Criteria. in granting a special permit for a-Registered Marijuana Dispensary Cannabis Retail Store or Cannabis Production facility, in addition to the general criteria for issuance of a special permit as set forth in Section 10.43 of this Zoning Ordinance, the Planning Board shall find that the following criteria are met: fat The-Registered Marijuana Dispensary is located te serve an area that currently does not have reasonable access to medical marijuana, or if itis proposed to serve an area that is already served by-ather Registered Marijuana Dispensaries, it has-been-established by-the Massachusetts Department-of Public Health that supplementat service-is needed. Hat. The-site is tetated at teast five hundred (500) feet distant from a school, daycare center, preschool or atterscheel facility or any facility in which children commonly congregate or it not City of Cambridge Community Development Department • November 13, 2018 Page 17 of 22
Cannabis Zoning Amendment - Proposed Text Changes per Recommendations of Planning Board and Ordinance Committee Additions to the Zoning Ordinance shown in underline format. Deletions shown in strikcout format. located at such-a-distance, it is determined by the Planning Beard to be sufficiently buffered from-such facilities-such that its users will not be adversely impacted by the operation of the Registered Marijuana Dispensary fe)(a) The site is designed such that it provides convenient, safe and secure access and egress for-clients customers and employees arriving to and leaving from the site using all modes of transportation, including drivers, pedestrians, bicyclists and public transportation users. fet Traffic generated byelient trips, employees trips, and deliveries-to-and-from the Registered fatwana Dispensary shat not-create-a substantial adverse-impact on nearby residential-uses, (e)(b) On-site Hoading, refuse and service areas are designed to be secure and shielded from abutting uses. (f(c) The building and site have been designed to be compatible with other buildings in the area and to mitigate any negative aesthetic impacts that might result from required security measures and restrictions on visibility into the building's interior. Fer example in traditional retaliatrists, opaque taçade, without visibilt inte the interiorshould be aveided by locatins seatre areas above or televathe proune fleer exch or behind active, transparent ground fleer retail tontage; (d) In retail areas, the location and design of the Cannabis Use will not detract from the sense Planning Board recommended of activity with opaque, unwelcoming facades at the ground floor. Where interior activities Clarifying the special permit criteria must be screened from public view, such areas should be screened by transparent, publicly to emphasize the goal of accessible active uses where possible. Opaque facades should be minimized, and where they transparency and maintaining an are necessary they should include public, art displays or other measures to provide visual active retail environment. interest to the public. {di (e) If the proposed Cannabis Retail Store or Cannabis Production Facility is not proposed to Planning Board recommended include a Medical Mariluana Treatment Center, it will nevertheless provide programs to assist clarifying criteria regarding expense to Douse-a reducen in the avarab tr of cannabis es mariuana products to qualifying availability of medical marijuana; patients within the city or neighborhood who are registered through the Massachusetts Medical Ordinance Committee asked to Use of Marijuana Program in obtaining services under that program. explore whether other services might be made available. City of Cambridge Community Development Department • November 13, 2018 Page 18 of 22
Cannabis Zoning Amend ment - Proposed Text Changes per Recommendations of Planning Board and Ordinance Committee - Clean Version Without Edits Shown Amend Section 11.800 of the Zoning Ordinance to read as follows: 11.800 CANNABIS USES 11.801 Statement of Purpose. The purpose ofthis section is to provide for theli mited establishment of Registered Marijuana Dispensari es for the nedi cal use of cannabis products and Cannabi s Establishments for the non-medical use of cannabi s products, as they are authorized pursuant to applicable statelaws and regulations. 11.802 General Requirenents 11.802.1 Al owed Cannabi s Uses (a) Cannabis Retail Stores and Cannabis Production Facilities shall be all owed only after the granting of a special per nit by the flanning Board, subject tothe requirements set forthinthis Secti on 11 800, et seq. (b) Either Cannabis Retail Stores or Cannabis Production Facilities, as defi ned in Arti de 2 000 of this Zoning Ordinance, nay be establi shed to prov de cannabis products for medical or non- me di cat use, or both, in accordance with appical e statel aws and regul ati ons (C) A Cannabis Retail Store or Cannabis Production Facility that has previously received a special per mit fromthe Planning Board onlyto authorize a Registered Marijuana Dispensary shall be required to a mend its previous yissued special per mit to authori ze the conver si on to or co- locati on of a Cannabis Establishment for the non-medica use of cannabis or marijuana 11.802.2 Licenses and Registrati on A special per mit issued pursuant tottis Section shall be conditioned on the Per mittee maintai ring all required state and local licenses and/or registrations and complying with al applicade state and local public health regulations and al other applical el aws, rules and regulations at all tines No Building Per mit or Certifcate of Occupancy shall beissued for a Cannabis Use that is not properly licensed and/or registered with the appical e state and local agencies 11.802.3 Li nitati on of Approval. A special per mit authoria ng the establishment of a Cannabis Retail Store or Cannabis Production Facility shall be valid only for the licensed or registered entityto which the special per nit wasissued, and or y for the site on which the Cannabis Retail Store or Cannabis Production Facility has been authori zed by special per nit. If the license or registrati on for a Cannabis Use has not been renewed or has been revoked, transferred to another contrdling entity, or relocated to a d fferent site, a new special per nit shall berequired prior to issuance of a Certif cate of Occupancy. 11.802.4 Build ng A Cannabis Retail Store or Cannabis Production Facility shall be located ori yin a per manent building and not with nany mobile facility. Al sales, cultivati on, manufacturing, and other related activities shall be conducted within the building, except in cases where ho me deliveries are authori zed to serve qualified medical marijuana patients pursuant to appicall e st ate and local regulati ons 11.802.5 Cannabis Research and Testing Facilities A Cannabi s Establish rent that islicensed as a Cannabis Independent Testing Laboratory or Cannabis Research Facility pursuant to applical e Gity of Cambridge Community Development Depart ment • November 13, 2018 Page 19 of 22
Cannabis Zoring Amend ment - Proposed Text Changes per Recommendations of Planning Board and Ordinance Committee - Clean Version Without Edits Shown state laws and regulations, but is not authori zed to sell or otherwise transfer Cannabis Products to consumers or to cultivate, manufacture, or otherwise produce Cannabis Products that are intended to be sod or otherwise transferred to consumers, shall be regulated within the Table of Use Regulations in Section 4.30 ofthis Zoning Ordinance as a Technical Ofice (Section 4 34, item "f. ") or, if such estallish ment is noncommerci al, a Noncommercial Research Facility (Section on Item"c.") Such estatishment shall comd y with all state and local laws and regulations, i nd ud ng regulations promul gated by the Cambridge Pudic Health Depart ment, where appicab e 11.803 Locati on Standards. 11.803.1 Cannabis Retal Stores (a) Cannabis Retail Stores shall be allowed ory by Planning Board Special Per nat within the following a stricts: Business A (BA), Business A-1 (BA-1), Business A-2 (BA-2), Business A-3 (BA- 3), Business B (BB), Business B-1 (BB-1), Business B-2 (BB-2), Business C (BC), Industry A-1 (IA-1), Industry B (IB), Industry B-1 (IB-1), and Industry B-2 (IB-2) districts, and special dstricts and overlay districts whose use regulations are based on those of any of the afore mentioned districts, subject to any li nit ati ons set forthin the regulations of those districts (b) A Cannabis Retail Store shall not be per mitted within one thousand and eight hundred (1,800) feet of anot her Cannabis Retail Store, except if the applicant has been designat ed as an Economic Empower ment Applicant or certif ed as ei gibleto partic pate in the Social Equity Programby the Massachusetts Cannabis Contrd Commission (c) Unless the per mittee agrees in writing anditis nade a conati on of the special per nit that ail products offered to consumers shall be pre-packaged off-site, and no packaging or repackaging of cannabis or mari juana products shall take d ace on the premises, a Cannabis Retail Store shall not be per mittedin a building containing a residential, institutional, office, or different retail use, or in abul ding that is within feet feet of a building contai ring a residentia, institutional, office, or different retail use 11.803.2 Cannabis Production Facilities shall be all owed ord y by Ranning Board Special Per nit inthe Industry B-2 (IB-2) d' strict, provided that the estadishment is not greater than 10,000 square feet in Gross foor Area 11.803.3 Buffer Zones (a) A Cannabis Retail Store or Cannabis Production Facility shall not be per mitted within 300 feet of a pre-existing public or private schod providing educationinli ndergarten or any of grades one through 12, except where the A anning Board, i nissuing a special permit, approves a reduced di stance upon finding that the locati on will cause no substanti al adverse i mact due to site-specific factors or other mitigating efforts agreed toin writing by the per mittee and made conditions of the special per nit. (b) A Cannabis Retail Store or Cannabis Production Facility shall not be permitted within 300 feet of a pre-existing public children's dayground, public youth athletic feld, or public youth recreati on facility, except where the flanring Board, i nissuing a sped al permit, approves a Page 20 of 22 Gty of Cambridge Community Development Depart ment • November 13, 2018
Cannabis Zoning Arrend ment - Proposed Text Changes per Recommendations of Planning Board and Ordinance Committee - Clean Version Without Edits Shown reduced distance upon finding that the locati on will cause no subst anti al adverse i mpact due to site-specific factors or other niti gating efforts agreed toin writing by the per mittee and nade conditi ons of the special per nit. 11.804 Applicati on Requirements An application tothe Planning Board shall contain, at a miri mum the fol owing i nfor mati on: (a) Description of Activities: a narrative providingi nfor nati on about the type and scale of all activities that will take place on the proposed site, induding but not li nited to cultivating and processing of Cannabis Products, on-site sales, off-site deliveries, distributi on of educati onal mat eri als, and d her programs or activities (b) Context Map: A mapi dentifying, at a mini num the locati on of the proposed establishment, the locations of all other Cannabis Uses in the vid rity, the locations of all publicor private schads provid ng educati on in lindergarten or any of grades one through 12, and the locations of all children's playgrounds, youth athletic fields, or other youth recreati on facilities, with measured distances provided to de monstrate whet her the locati on complies with the standards of Section 11, 803 above (c) Ste flan: Adan or dans depicting all existing and proposed development on the property, inducing the d mensions of the building, the detailed layout of automobile and bicyd e par ling, the locati on of pedestrian, bicyd e and vehicular points of access and egress, the locati on and design of all loading, refuse and service facilities, the locati on, type and drecti on of all out door lighting on the ste, and any landscape design (a) Building Bevati ons and 5gnage: Architectural drawings of all exterior building facades and all proposed signage, specifying material s and ed orsto be used Perspective drawings and illustrati ons of the site from public ways and abutting properties are recommended but not required (e) Logistics flan: A danidentifying the on-site or off-sitel ocati ons where deliveri es and load ng functions will take place and a narrative describing how deliveries tothe site, loading, and other service functions will be conducted, as well as a dan and narrative i dentifying the transportati on options for custoners and employees, ind ud ng public transportati on services, on-site and off-site parking facilities, and bicyd e facilities (f) license or Registration Materials: Copies of all materials submitted to applicable state and local agencies for the purpose oflicensing and/or registrati on, and any certif cation or license issued by any such agency, exd uding any i nfor mati on required bylaw to be kept cont denti a. (g) Host Community Agreement: A narrative descriling progress that has been made at the ti me of application toward establishing a host community agreement with the Gty of Ca nbri dge 11.805 Special Per nit Criteria In granting a special per nit for a Cannabis Retail Store or Cannabis Production Facility, in addti on to the general criteria for issuance of a spedia pernit as set forth in Section 1043 of this Zoning Ord nance, the Planning Board shall End that the fill oving criteria are met: Gty of Cambridge Community Development Depart ment • November 13, 2018 Page 21 of 22
Cannabis Zoring Amend ment - Proposed Text Changes per Recommendations of Planning Board and Ordinance Committee - Clean Version Without Edits Shown (a) The steis designed such that it provides converi ent, safe and secure access and egress for customers and employees arriving to and leaving from the site using all modes of transport ati on, i nd uding drivers, pedestrians, bicydists and public transportati on users (b) On-stel oading, refuse and service areas are designed to be secure and sti d ded from abutting uses. (c) The building and site have been designed to be compati de with other build nesin the area and to niti gate any negative aesthetici mpacts that night result fromrequired security measures and restrictions on visibilityinto the building'si nteri or. (d) In retail areas, the location and design of the Cannabis Use will not detract fromthe sense of activity with opaque, unwelcoming facades at the ground 1 oor. Whereinteri or activities must be screened from public view, such areas should be screened by transparent, publidy accessible active uses where possible Opaque façades should be mini mized, and where they are necessary they shoul di ndude publicart displays or other measures to provide vi sual interest to the pudic (e) If the proposed Cannabis Retail Store or Cannabis Production Facilityis not proposed to indude a Medical Marijuana Treat ment Center, it will nevert her ess prov de programs to assist qualifying patients within the dty or neighborhood who are registered through the Massachusetts Medical Use of Mari juana Progra mi nobtai ring services under that program Oty of Cambridge Community Development Depart ment • November 13, 2018 Page 22 of 22
PUD-4 PUD-4B PUD-4C : PUD-3/PUD-5 MXRIPUD.5 C-3B BOSTON Expanded Retail Usc Other Districts Allowing Business A-1 Business B Business A-2 Business A-4 Business A Special District-15 Industry B-1 Business-1 Industry B-2 Business 2 Industry B Business C Business A-3 Industry A-1 PUD-5 BA Other Selected Districts Selected Base Zoning Districts IA-1) PUD-5' PUD-4B A POD-4A BB C:\Projects/Zoning|ModicalMarijuanalSection11_8001DistrictSetMap3PB.mxd PUD-4C" SD-T SD-11- Miles Map prepared by Brendan Monroe on November 14, 2018 CDD GIS and Buffers SOMERVILLE Cambridge, Massachusetts Cannabis Establishments: Selected Base Zoning Districts BOSTON PUD-1 PUD-1 HSOD- BA-2- ALL FIGURES APPROXIMATE BA-1 - BA-2 RTOWN C-1 Fresh Pond LOD- O-N Permitted 1800' Buffer of Dispensaries School, Playground, Playing Field, or Youth Center 300' Buffer of Key Facilities ARLINGTON Key Facilities with 300-Foot Buffers Registered Marijuana Dispensaries BA- BELMONT
AITACHMENTB CAMBRIDGE CITY COUNCIL ORDINANCE COMMITTEE TO: FROM: COUNCILLOR SIDDIQUI, COUNCILLOR CARLONE SUBJECT: RECOMMENDATION FOR SEPARATE LOCAL EQUITY ORDINANCE OR POLICY DATE: NOVEMBER 15, 2018 Dear Ordinance Committee members, This Committee and the Economic Development Committee have discussed the importance of "equity" in the cannabis industry as we zone for adult recreational use. This unique opportunity to build a robust and lucrative industry necessitates that this City be diligent and intentional in its efforts to put in place effective and equitable policies and zoning. Our current zoning draft before us adheres to some of the Cannabis Control Commission's recommendations on municipal equity. Specifically, it recommends: 1) 11.803.1 (b) A Cannabis store shall not be within one thousand and eight hundred (1,800) feet of another Cannabis Retail Store, except if the applicant has been designated as an Economic Empowerment Applicant or certified as eligible to participate in the Social Equity Program by the Massachusetts Cannabis Control Commission. 2)11.803.2 Cannabis Production Facilities shall be allowed only by Planning Board Special Permit in the Industry B-2 (1B-2) district, provided that the establishment is not greater than 10,000 square feet in the Gross Floor Area. We have also discussed signing host community agreements with economic empowerment applicants and non-economic empowerment applicants, but this is not reflected in our zoning. As the Ordinance Committee reviews this zoning today, we recommend that it consider the following:
1) As written, the clauses within the current zoning (11.803.1 (b) and 11.803.2) do not serve to sufficiently prioritize economic empowerment and social equity participants in the Cambridge cannabis industry; similarly, they would not result in an equitable, local cannabis industry aligned with the values of the City of Cambridge and in accordance with the standards set forth by both the Massachusetts Cannabis Control Commission as well as this City Council; and 2) That a such a prescriptive policy might instead belong in an independent municipal equity ordinance with an accompanying separate licensing procedure through the Licensing Commission. Should the Ordinance Committee agree today, we recommend that it make a formal motion instructing the City Solicitor to draft such an ordinance for review. Sincerely, Sumbul Siddiqui Dennis Carlone
ATTACHMENTC City of Cambridge 0-6 IN CITY COUNCIL October 15, 2018 COUNCILLOR SIDDIQUI COUNCILLOR MALLON COUNCILLOR CARLONE COUNCILLOR ZONDERVAN WHEREAS: The Economic and University Relations Committee held a hearing on October 4, 2018 to continue its investigation of a City-Based Cannabis Social Equity Program; and WHEREAS: The goal of said hearing was to address continued ambiguities, gain input from the Massachusetts Cannabis Control Commission (MACCC), Massachusetts Recreational Consumer Council (MRCC), Marijuana Policy Trust and the Cambridge Community Development Department, and gather first-hand experience of barriers faced by social equity and economic empowerment applicants for the ultimate purpose of advancing a more thoroughly informed, equity-centered plan, with lucid understanding of the steps and process required for execution; and WHEREAS: The following questions remained: • Could the City be required to grant a minimum percentage of licenses to social equity applicants? If yes, what else might be needed to support an efficient and effective City licensing and application process? What processes would applicants follow, and what would be the timeline for • Could the City's zoning provisions and buffer zones be revised to include • businesses owned by women, minorities, veterans and other underrepresented populations, in addition to businesses fitting the current MACCC social equity criteria? • What sorts of fee waivers and exemptions would be permissible for the City to provide to these applicants? • Could the City limit the number of licenses granted to medical dispensaries, given the inequity already present in this area of the industry, unless they otherwise meet equity criteria [established by the City per above]? • What steps could the City take to ensure a sustainable social equity program, and longevity of equitable ownership in the industry within its jurisdiction? • How will the City and the individual Host Agreements it establishes hold social equity partners accountable to their promised diversity & equity plans? Are certain types of regulations and penalties possible; is there existing precedence? Given that these questions need further scrutiny and clarification; and
WHEREAS: Cambridge is and will continue to be an example of a progressive, innovative City with robust economic opportunity and the resources to support the development and implementation of a well-informed Cannabis Social Equity Program that will, to the best of its ability, seek to promote sustainable equity in the Cambridge Cannabis ORDERED: That the City Manager be and hereby is requested to confer with the Community evelopment Department and the City Solicitor to investigate the teasibility of th forementioned queries posed by the Committee: and be it furthe ORDERED: That the City Manager be and hereby is requested to include, as part of this investigation, further reference to existing research and the examples of municipal Community Host Agreements since provided by Commissioner Shaleen Title, and result in the construction of a draft template Community Host Agreement for the Cit of Cambridge for review by the Committee, accommodating wherever possible the suggestions of the Committee and the public; and be it further ORDERED: That the City Manager be and hereby is requested to report back to the Committee on this matter by the date of the next Economic Development and University Relations Committee hearing in November. In City Council October 15, 2018. Adopted by the affirmative vote of nine members. Attest:- Donna P. Lopez, City Clerk A true copy; ATTEST:- Danna P. Lape Donna P. Lopez, City Clerk
ATTACHMENTD Final Submittal- November 8, 2018 Page 1 of 5 CITY OF SOMERVILLE ORDINANCE NO. 2018- In Board of Aldermen AN ORDINANCE AMENDING CHAPTER 9, SECTION 9-3(b) OF THE SOMERVILLE CODE OF ORDINANCES AND ADDING SECTION 2-221 TO CHAPTER 2, DIVISION 4 REGARDING ADULT USE MARIJUANA ESTABLISHMENTS WHEREAS, By vote at the State election on November 8, 2016, the voters of the Commonwealth WHEREAS, Currently, the City of Somerville Code of Ordinance does not specify any license requirements for persons or entities seeking to operate adult use marijuana establishments in the City; WHEREAS, The Legislature of the Commonwealth has determined that cities and towns in Massachusetts should not be permitted to outright prohibit adult-use marijuana facilities without a city- wide referendum vote; WHEREAS, The Licensing Commission of the City of Somerville may grant local licenses for adult-use marijuana establishments regulated under section 34 of chapter 94C of the General Laws and 935 CMR 500. THEREFORE, be it adopted by the Board of Aldermen, in session assembled, that the below listed sections of the Somerville Code of Ordinances are hereby amended and created as identified. Chapter 9, Offenses and Miscellaneous Provisions, Sec. 9-3 (b) of the Code of Ordinances is hereby amended as follows: (b) No person shali give, sell, deliver or consume marijuana or tetrahydrocannabinol, unless licensed by the Licensing Commission and the Commonwealth of Massachusetts Cannabis Control Commission and also permitted under Sections SZO 7.15 or 7.16. Section 2-221 - Adult Use Marijuana Licenses is hereby added under DIVISION 4. LICENSING COMMISSION: Sec. 2-221. ADULT USE MARIJUANA LICENSES A. Definitions An adult-use marijuana establishment shall be considered to be one of the following: (The following definitions are as defined by 935 CMR 500: Adult Use of Marijuana, as amended.) Marijuana Establishment means a Marijuana Cultivator, Craft Marijuana Cooperative, Marijuana Product Manufacturer, Marijuana Retailer, Independent Testing Laboratory, Marijuana Research
Final Submittal- November 8, 2018 Page 2 of 5 Facility, Marijuana Transporter, or any other type of licensed marijuana-related business, except a medical marijuana treatment center. Independent Testing Laboratory means a laboratory that is licensed by the Commission and is: (a) accredited to the International Organization for Standardization 17025 (ISO/IEC 17025: 2017) by a third-party accrediting body that is a signatory to the International Laboratory Accreditation Accrediting Cooperation mutual recognition arrangement or that is otherwise approved by the Commission; (b) independent financially from any Medical Marijuana Treatment Center (RMD), Marijuana Establishment or licensee for which it conducts a test; and (c) qualified to test cannabis or marijuana in compliance with 935 CMR 500.160 and M.G.L. c. 94C, $ 34. Marijuana Cultivator means an entity licensed to cultivate, process and package marijuana, and to transfer marijuana to other Marijuana Establishments, but not to consumers. Craft Marijuana Cooperative means a Marijuana Cultivator comprised of residents of the Commonwealth and organized as a limited liability company, limited liability partnership, or cooperative corporation under the laws of the Commonwealth. A cooperative is licensed to cultivate, obtain, manufacture, process, package and brand cannabis or marijuana products to transport marijuana to Marijuana Establishments, but not to consumers. Marijuana Product Manufacturer means an entity licensed to obtain, manufacture, process and package cannabis or marijuana products and to transfer these products to other Marijuana Establishments, but not to consumers. Marijuana Research Facility means an entity licensed to engage in research projects by the Commission. A Marijuana Research Facility may cultivate, purchase or otherwise acquire marijuana for the purpose of conducting research regarding marijuana products. (b) A research facility may be an academic institution, nonprofit corporation or domestic corporation or entity authorized to do business in the Commonwealth. (C) Any research involving humans must be authorized by an Institutional Review Board. (d) A research facility may not sell marijuana cultivated under its research license. (e) All research regarding marijuana must be conducted by individuals 21 years of age or older. Marijuana Retailer means an entity licensed to purchase and transport cannabis or marijuana product from Marijuana Establishments and to sell or otherwise transfer this product to Marijuana 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 social consumption on the premises of a Marijuana Establishment. Marijuana Transporter means an entity, not otherwise licensed by the Commission, that is licensed to purchase, obtain, and possess cannabis or marijuana product solely for the purpose of transporting, temporary storage, sale and distribution to Marijuana Establishments, but not to consumers. Marijuana Transporters may be an Existing Licensee Transporter or Third Party Transporter.
Final Submittal- November 8, 2018 Page 3 of 5 Microbusiness means a co-located Marijuana Establishment that can be either a Tier 1 Marijuana Cultivator or Product Manufacturer or both, in compliance with the operating procedures for each license. A Microbusiness that is a Marijuana Product Manufacturer may purchase no more than 2,000 pounds of marijuana per year from other Marijuana Establishments. B. Applicability (i) Any persons or entity seeking to operate any type of adult-use marijuana establishment, except Applicants shall provide any other information required by the Licensing Commission. There shall be a temporary cap of no more than 12 adult marijuana retail establishments, which cap shall expire after 24 months. This cap may be lifted or modified at any time, or extended, through amendment of this ordinance. (i) Priority Applications The Licensing Commission shall consider an application for licensure from only a priority applicant within two years from the date of passage of this Ordinance, unless an applicant is seeking a non-retail license. For Marijuana Retailer licenses, there are two groups of priority applicants that are known as Group A and Group B. During the two year priority period, the Licensing Commission shall only issue a license to an applicant in Group B if, after issuance, there will be an equal or greater number of currenty active licenses held by entities that were licensed as applicants from Group A. Two years after the date of passage of this Ordinance the Licensing Commission shall continue to prioritize priority applicants, but may consider a Marijuana Retailer application from a non-priority applicant. At no time shall the Licensing Commission issue more Marijuana Retailer licenses to non-priority applicants than are currently valid and issued to priority applicants. In order to be considered a priority applicant in Group A, the persons(s) or entity applying must meet at least one of the following criteria: • An Economic Empowerment Applicant certified by the Commonwealth of Massachusetts Cannabis Control Commission (CCC), or separately certified by the Somerville Licensing Commission to meet the criteria specified in 935 CMR 500.101(1)(e)2.a-f; • Owned by a Somerville resident(s) or entities with a majority (at least 50%) of its ownership made up of Somerville residents; or, • Cooperatively owned entities. A Registered Marijuana Dispensary (RMD) currently operating within the City of Somerville that will continue selling medicinal products shall be considered a priority applicant in Group B. C. Application Requirements An applicant in any category of Marijuana Establishment shall file, in a form and manner specified by the Licensing Commission, an application for licensure as a Marijuana Establishment. The application shall consist of the same three packets as required by the CCC pursuant to 935 CMR 500.101: an
Final Submittal- November 8, 2018 Page 4 of 5 Application of Intent packet; a Background Check packet; and a Management and Operations Profile packet. The applicant may file individual packets separately or as a whole. Particular types of Marijuana Establishments that require additional specific requirements to be submitted to the CCC pursuant to 935 CMR 500.101 shall also be submitted to the Licensing Commission. The application will not be considered to be complete until the Licensing Commission determines that each individual packet is complete and notifies the applicant that each packet is complete. D. Evaluation Criteria The Licensing Commission shall grant licenses with the goal of ensuring that the needs of the Commonwealth are met with regard to access, quality, and community safety. Applications shall be evaluated based on the Applicant's: • Demonstrated compliance with the laws and regulations of the Commonwealth and the City of Somerville; • Consistency to community values outlined in SomerVision; and, • Thoroughness of response to the application requirements. The Licensing Commission shall consider all of the following factors in its evaluation of applicants: • A commitment to help monitor health impacts to the neighborhood and on the local youth population; • Inclusion of an inventory of or manufactures locally/regionally grown products; * Employment of local residents and offers competitive wages and benefits to employees; • Use of sustainable green/renewable energy practices; • The criminal records of the persons or owners of entities (except for marijuana-related infractions); and • Quality of relationship with the community. The Licensing Commission shall also consider the recommendation of the Economic Development Division of OSPCD and the Health and Human Services Department on each application that is submitted. E. FEES The Licensing Commission may establish fees for such licenses. INSPECTIONS F. The City of Somerville Health and Human Services Department shall conduct inspections to ensure compliance with state and local regulations. G. CONDITIONS Licenses for Marijuana Establishments issued by the Licensing Commission shalt only be valid so long as each entity signs a Community Host Agreement with the City of Somerville, receives a Final License from the CCC within six months after receiving the license from the Licensing Commission, and the
Final Submittal- November 8, 2018 Page 5 of 5 Final License from the CCC remains valid and current. The Licensing Commission may impose additional reasonable restrictions and conditions as to the operation under the license. H. IRANSFERABILITY OF LICENSE Any license granted under this ordinance shall be a personal privilege and shall not be assignable or transferable. I. REVOCATION The Licensing Commission may modify, suspend or revoke any license for just cause, after reasonable notice and a hearing. ENFORCEMENT The provisions of this ordinance may be enforced by the Director of Health and Human Services and Superintendent of Inspectional Services, by noncriminal disposition pursuant to G. L. c. 40, § 21D. Each day on which a violation exists shall be deemed a separate offense. Any person, firm, corporation, association or other entity violating any provision of this article may be punished in accordance with the provisions of Section 1-11. K. EXPIRATION OF LICENSE Unless otherwise specified by the Licensing Commission, each license shail expire five years after the issuing of such license. A license issued under this ordinance may be renewed by the Licensing Commission. L. SEVERABILITY The provisions of this article are severable, and if any part of this article should be held invalid by a court of competent jurisdiction, such invalidity shall not affect the remainder of the article and the remainder of the article shall stay in full force and effect. APPROVED: President Board of Aldermen
Lopez, Donna ATTACHMENT E From: Pamela Blau <[email removed]> Sent: Thursday, November 15, 2018 9:51 AM Lopez, Donna To: Subject: Cannabis zoning Dear Members of the Ordinance Committee, As a parent of two high schoolers, I have serious concerns about the sale of recreational marijuana overall in Cambridge and particularly within 5 miles radius of CRLS. All of our high school students are vulnerable to many questionable influences both inside and outside of school but to have the opportunity right there on the street for them to purchase raises very serious concerns. Please consider creating restricted zoning for the sale of recreational cannabis. Thank you. Pamela Blau 15 Sherman Street 1