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 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
⚠ 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