Part 2 of the report from Councillor Dennis J. Carlone, Co-Chair and Councillor Craig A. Kelley, Co-Chair of the Ordinance Committee, for a reconvened public hearing held on August 8, 2019 to continue discussions on a proposed amendment to the Zoning Ordinance to create an Affordable Housing Overlay District

ATTACHMENTY Compiled Council Amendments to the Affordable Housing Overlay 8.8.19 Affordable Housing Overlay - AS REFERRED BY HOUSING COMMITTEE ON APRIL 25, 2019 ADD NEW DEFINITIONS TO ARTICLE 2.000: Affordable Housing Overlay (AHO). A set of modified development standards set forth in Section 11.207.3 of this Zoning Ordinance intended to allow increases in density, limited increases in height, and relaxation of certain other zoning limitations for residential developments in which all units are made permanently affordable to households earning up to 100% of area median income. Carlone Offered by: AMENDING language Affordable Housing Overlay (AHO). A set of modified development standards set forth in Section 1.207.3 of this Zoning Ordinance intended to allow increases in density, timited increases in height, an laxation of certain other zoning limitations for residential developments in which all units are mad permanently affordable to households earning up to 100% of area median income. 1 Action: Affordable Housing Overlay (AHO) Dwelling Unit. A dwelling unit within an AHO Project for which occupancy is restricted to an AHO Eligible Household and whose rent or initial sale price is established by the provisions of Section 11.207.3 of this Zoning Ordinance. Affordable Housing Overlay (AHO) Eligible Household. A household whose gross household income does not exceed the amounts set forth in Section 11.207.3 of this Zoning Ordinance. Zondervan ADDING language Offered by: Affordable Housing Overlay (AHO) Eligible Household. A household whose gross household income does not exceed the amounts set forth in Section 11.207.3 of this Zoning Ordinance, or a household that was living in a building that is refurbished under the AHO. 2 Action: Affordable Housing Overlay (AHO) Project. The construction of a new building or buildings and/or the modification of an existing building or buildings resulting in single-family, two-family, townhouse, or multifamily dwellings within which each dwelling unit is an AHO Dwelling Unit subject to the standards and restrictions set forth in Section 11.207 of this Zoning Ordinance. Grade. The mean finished ground elevation of a lot measured either around the entire perimeter of the building or along any existing wall facing a public street, which ground elevation is maintained naturally without any structural support. Zondervan Offered by: ADDING language Net Zero Ready Building. A building that is constructed so as to maximize energy efficiency, eliminate onsite fossil fuel combustion, maximize onsite renewable energy generation/recovery (e.g. solar PV. geothermal or air-source heating & cooling), and maximize onsite water conservation. Page 1 of 28 Prepared by Mayor's Office

3 Action: Carlone Offered by: ADDING language Permeable Parking. [Definition must be added] 4 Action: Story. That portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above. Story Above Grade. A story whose highest point is more than 4 feet above the Grade. CREATE NEW SECTION: 11.207 AFFORDABLE HOUSING OVERLAY 1. Purpose and Intent The purpose of this Section is to promote the public good by supporting the development of housing that is affordable to households earning up to 100% of area median income. The intent of this Section is to allow increases in density, limited increases in height, and relaxation of certain other zoning limitations for residential developments in which all units are made permanently affordable to households earning up to 100% of area median income (referred to as "AHO Projects," as defined in Article 2.000 of this Zoning Ordinance); to incentivize the reuse of existing buildings in order to create AHO Projects that are more compatible with established neighborhood character; to promote the city's urban design objectives while enabling AHO Projects to be permitted as-of-right, subject to non-binding advisory design consultation procedures; and to apply such standards throughout the City, to promote city planning goals of achieving greater socioeconomic diversity and a more equitable distribution of affordable housing citywide. Carlone Offered by: ADDING language ...to promote the city's urban design objectives (Article 19.30) while enabling AHO Projects to be permitted as-of-right, subject to non-binding advisory design consultation procedures and the results of the design review process shall inform funding decisions by the principal public funder, the Cambridge Affordable Housing Trust; and to apply such standards throughout the City, to promote city planning goals of achieving greater socioeconomic diversity and a more equitable distribution of affordable housing and related support services citywide. 5 Action: Devereux Offered by: ADDING language The purpose of this Section is to promote the public good by supporting the development of housing that is affordable to households earning up to 100% of area median income. The intent of this Section is to allow incremental increases in density, limited increases in height, and relaxation of certain other zoning limitations for residential developments in which all units are Page 2 of 28 Prepared by Mayor's Office

made permanently affordable to households earning up to 100% of area median income (referred to as "AHO Projects," as defined in Article 2.000 of this Zoning Ordinance); to incentivize the reuse of existing buildings in order to create AHO Projects that are more compatible with established neighborhood character; to promote the city's urban design objectives while enabling AHO Projects to be permitted as-of-right, subject to non-binding advisory design consultation procedures that follow all design guidelines set forth within this Ordinance; and to apply such standards throughout the City as appropriate to the neighborhood context, to promote city planning goals of achieving greater socioeconomic diversity and a more equitable distribution of affordable housing citywide. 5A Action: 2. Applicability (a) The provisions set forth in this Section shall apply to AHO Projects, as defined in Article 2.000 of this Zoning Ordinance, in all zoning districts except Open Space Districts. (b) An AHO Project shall meet all of the standards set forth in this Affordable Housing Overlay, or else it shall be subject to the requirements otherwise applicable in the zoning district. 3. Standards for Eligibility, Rent, and Initial Sale Price for AHO Dwelling Units (a) All dwelling units in an AHO Project shall comply with the standards for AHO Dwelling Units as set forth in this Section. (b) For all AHO Dwelling Units: (i) AHO Dwelling Units shall be rented or sold only to AHO Eligible Households, with preference given to Cambridge residents, in accordance with standards and procedures related to selection, asset limits, and marketing established by the Community Development Department. (il) AHO Dwelling Units shall be created and conveyed subject to recorded covenants approved by the Community Development Department guaranteeing the permanent availability of the AHO Dwelling Units for AHO Eligible Households. Zondervan Offered by: AMENDING and ADDING language (i) AHO Dwelling Units shall be rented or sold only to AHO Eligible Households, with preference given to Cambridge residents, and recent Cambridge residents who experienced a no-fault eviction in the last 12 months, in accordance with standards and procedures related to selection, asset limits, and marketing established by the Community Development Department. (ii) No change (iii) In any project exceeding 10 AHO Dwelling Units, at least 20% of the units in that project shall be Owner-occupied AHO Units. Page 3 of 28 Prepared by Mayor's Office

(iv) In any project that replaces or renovates an existing building, all the tenants/owners living in the building shall be given the option to rent/purchase a comparable AHO Dwelling Unit in the new/renovated building, at an affordable rate, regardless of income. 6 Action: (c) For rental AHO Dwelling Units: (i) The gross household income of an AHO Eligible Household upon initial occupancy shall be no more than one-hundred percent (100%) of AMI. (ii) At least eighty percent (80%) of AHO Dwelling Units shall be occupied by AHO Eligible Households whose gross household income upon initial occupancy is no more than eighty percent (80%) of AMI. (iii) Rent, including utilities and any other fees routinely charged to tenants and approved by the Community Development Department, shall not exceed thirty percent (30%) of the gross household income of the AHO Eligible Household occupying the AHO Dwelling Unit or other similar standard pursuant to an applicable housing subsidy program which has been approved by the Community Development Department. (iv) After initial occupancy, the gross household income of an AHO Eligible Household shall be verified annually, or on such other basis required by an applicable housing subsidy program which has been approved by the Community Development Department, to determine continued eligibility and rent, in accordance with policies, standards, and procedures established by the Community Development Department. (v) An AHO Eligible Household may continue to rent an AHO Dwelling Unit after initial occupancy even if the AHO Eligible Household's gross household income exceeds the eligibility limits set forth above, but may not exceed one hundred twenty percent (120%) of AMI for more than one year after that Eligible Household's gross household income has been verified to exceed such percentage, unless otherwise restricted pursuant to an applicable housing subsidy program which has been approved by the Community Development Department. (vi) Notwithstanding the requirements set forth in (i) through (v) above, an owner may voluntarily choose to charge a lower rent than as provided herein for AHO Dwelling Units. (d) For owner-occupied AHO Dwelling Units: (i) The gross household income of an AHO Eligible Household upon initial occupancy shall be no more than one-hundred percent (100%) of AMI. (ii) At least fifty percent (50%) of AHO Dwelling Units shall be sold to by AHO Eligible Households whose gross household income upon initial occupancy is no more than eighty percent (80%) of AMI. (iii) The initial sale price of an AHO Dwelling Unit shall be approved by the Community. Development Department and shall be determined to ensure that the monthly housing payment (which shall include debt service at prevailing mortgage loan interest rates, Page 4 of 28 Prepared by Mayor's Office

utilities, condominium or related fees, insurance, real estate taxes, and parking fees, if any) shall not exceed thirty percent (30%) of the monthly income of: 1. A household earning ninety percent (90%) of AMI, in the case of an AHO Dwelling Unit to be sold to an AHO Eligible Household whose income upon initial occupancy is no more than one-hundred percent (100%) of AMI; or 2. A household earning seventy percent (70%) of AMI, in the case of an AHO Dwelling Unit to be sold to an AHO Eligible Household whose income upon initial occupancy is no more than eighty percent (80%) of AMI. (e) An AHO Project meeting the standards set forth herein as approved by the Community Development Department shall not be required to comply with the Inclusionary Housing Requirements set forth in 11.203 of this Zoning Ordinance. 4. Use (a) In all zoning districts, an AHO Project may contain single-family, two-family, townhouse, or multifamily dwellings as-of-right. Townhouse and Multifamily Special Permit procedures shall not apply. (b) An AHO Project may contain active non-residential uses on the ground floor as they may be permitted as-of-right in the base zoning district or the overlay districts) that are applicable to a lot, which for the purpose of this Section shall be limited to Institutional Uses listed in Section 4.33, Office Uses listed in Section 4.34, and Retail and Consumer Service uses listed in Section 4.35 that provide services to the general public. Carlone Offered by: AMENDING language (b) An AHO Project may contain active non-residential uses on the ground floor as they may be permitted as-of-right in the base zoning district or the overlay districts) that are applicable to a lot, which for the purpose of this Section shall be limited to Institutional Uses listed in Section 4.33, Office Uses listed in Section 4.34, and Retail and Consumer Service uses listed in Section 4.35. All such ground floor uses shall that provide services to the general public. 7 Action: Zondervan Offered by: AMENDING and ADDING language (a) In all zoning districts, an AHO Project may contain single-family, two-family, townhouse, or multifamily dwellings as-of-right and the minimum lot area per dwelling unit restrictions in table 5-1 shall not apply. Townhouse and Multifamily Special Permit procedures shall not apply. (b) An AHO Project may contain active non-residential uses on the ground floor as they may be permitted as-of-right in the base zoning district or the overlay district(s) that are applicable to a lot, which for the purpose of this Section shall be limited to Institutional Uses listed in Section 4.33, Office Uses listed in Section 4.34, and Retail and Consumer Service uses listed in Section 4.35. that provide services to the general public. Page 5 of 28 Prepared by Mayor's Office

i. An AHO Project site that contains a previously existing non-residential use on the ground floor of a building must provide a viable site for the relocation for the use to operate during any redevelopment, renovation, construction, or any alternative thereto that would prohibit continuous operation of the existing use at the AHO Project site. A viable site will be defined as any locus where the existing use is allowable under Article 4 of this Ordinance that has similar operational costs and proximity to transit. All costs associated with relocation including loss of business will be the sole responsibility of the AHO Developer. Additionally, once the AHO Project is complete the AHO Developer is required to offer the previously existing non-residential use tenant a first right of refusal on any non-residential space on the ground floor of the AHO Project at a rental amount equal to 5% of annual gross income for the pre-existing non-residential use for a duration of less than ten (10) years. The first right of refusal must be offered after a certificate of occupancy is granted to non-residential use or within four (4) months of signing of a lease to any tenant in the building, whichever is the lesser. Action: 8 5. Development Standards 5.1 General Provisions (a) For the purposes of this Section, the phrase "District Development Standards" shall refer to the development standards of the base zoning district as they may be modified by the development standards of all overlay districts that are applicable to a lot, but not the standards set forth within this Affordable Housing Overlay, and shall include standards that are permitted as- of-right or allowable by special permit. (b) For an AHO Project, the following development standards shall apply as-of-right in place of the more restrictive District Development Standards, except as otherwise stated. Where the District Development Standards for any type of use are less restrictive than the standards set forth below, such less restrictive development standards shall apply as-of-right to an AHO Project. (c) An AHO Project that conforms to the following development standards shall not be subject to other limitations that may be set forth in Article 5.000 or other Sections of this Zoning Ordinance, including limitations on Floor Area Ratio (FAR) and lot area per dwelling unit, except as otherwise stated in this Section. 5.2 Dimensional Standards for AHO Projects 5.2.1 Building Height and Stories Above Grade (a) Where the District Dimensional Standards allow a maximum building height of 40 feet or less, an AHO Project shall contain no more than four Stories Above Grade and shall have a maximum height of 45 feet, as measured from existing Grade. For AHO Projects containing active non-residential uses on the ground floor, the maximum height may be increased to 50 feet but the number of Stories Above Grade shall not exceed four stories. Page 6 of 28 Prepared by Mayor's Office

Mallon & McGovern Offered by: ADDING language (b) BA and BA-2 Zones are to be regarded as "progressive transitional zones." An AHO Project in these zones shall contain no more than six Stories Above Grade and shall have a maximum height of 60 feet, regardless of ground floor use. 9 Action: Carlone Offered by: ADDING language (b) Where the District Dimensional Standards allow a maximum building height of more than 40 feet up to 45 feet, an AHO Project shall contain no more than five stories Above Grade and shall have a maximum height of 55 feet, as measured from existing Grade. For AHO Projects containing active non-residential uses on the ground floor, the maximum height may be increased to 60 feet but the number of Stories Above Grade shall not exceed five stories. i. Portions of buildings that are within 35 feet of a district whose District Dimensional Standards allow a maximum building height of 35 feet or less shall be reduced to a maximum of four Stories Above Grade and a maximum height of 47 feet, as measured from existing Grade, except where the building abuts a non-residential use. 10 Action: (c) Where the District Dimensional Standards allow a maximum building height of more than 40 feet, an AHO Project shall contain no more than seven Stories Above Grade and shall have a maximum height of 80 feet, as measured from existing Grade, except as further limited below. Carlone Offered by: AMENDING language (c) Where the District Dimensional Standards allow a maximum building height of 50 feet or more than 40 feet, an AHO Project shall contain no more than seven Stories Above Grade and shall have a maximum height of 80 feet, as measured from existing Grade, except as further limited below. 11 Action: (i) Portions of buildings that are within 35 feet of a district whose District Dimensional Standards allow a maximum building height of 40 feet or less shall be reduced to a maximum of five Stories Above Grade and a maximum height of 60 feet, as measured from existing Grade, except where the building abuts a non- residential use. (d) Each Story Above Grade shall have a minimum height of 10 feet. Offered by: Mallon & McGovern ADDING language (e) No dwelling units shall be located below grade. Page 7 of 28 Prepared by Mayor's Office

Action: 12 Mallon & McGovern Offered by: ADDING language 5.2.2 FAR Limitations in Residential Districts (a) Where the District Dimensional Standards allow a maximum building height of 40 feet or less, an AHO Project shall have an FAR limit of 3.0. Action: 13 Carlone ADDING language Offered by: 5.2.2 Density (a) Floor Area Bonus Ratios [Spoken City analysis indicated that the allowable square footage must be multiplied by 2.5 (for existing higher density districts) to 4.0 (for existing lower density districts) to make affordable housing economically viable in our existing housing and commercial market.] (b) Bonus Density Chart [include existing FAR and proposed Bonus FAR for each affected zoning district] 14 Action: 5.2.3 Yard Setbacks (a) For the purpose of this Section, the applicable District Dimensional Standards shall not include yard setback requirements based on a formula calculation as provided in Section 5.24.4 of the Zoning Ordinance, but shall include non-derived minimum yard setback requirements set forth in Article 5.000 or other Sections of this Zoning (b) An AHO Project shall have a minimum front yard setback of 10 feet, except where the District Dimensional Standards establish a less restrictive requirement. However, the front yard setback may be reduced to the average of the front yard setbacks of the pre- existing buildings on the lots adjacent thereto on either side, if such average is less than the front yard setback otherwise required. Carlone Offered by: AMENDING language (b) An AHO Project shall use the average front yard setback of existing, adjacent buildings (two on each side but not including corner lots) above two (2) stories high or as called out in zoning, whichever is less. Corner lots shall have a minimum front yard setback of 10 feet, except where the District Dimensional Standards establish a less Page 8 of 28 Prepared by Mayor's Office

restrictive requirement. However, the front yard setback may be reduced to the average of the front yard setbacks of the pre existing buildings on the lots adjacent thereto on either side, if such average is less than the front yard setback otherwise required. 15 Action: (c) An AHO Project shall have a minimum side yard setback of 7.5 feet, except where the District Dimensional Standards establish a less restrictive requirement. Carlone Offered by: AMENDING language (c) An AHO Project shall have a minimum side yard setback of 7.5 feet except where the but the sum of the new project setback and the existing adjacent property setback add up to a minimum of 20 feet. However, if the District Dimensional Standards establish a less restrictive requirement that dimension will be the required setback. 16 Action: (d) An AHO Project shall have a minimum rear yard setback of 20 feet, except where the District Dimensional Standards establish a less restrictive requirement. Carlone Offered by: AMENDING language (d) An AHO Project shall have a minimum rear yard setback of 20 feet but the sum of the new project setback and the existing adjacent residential property setback add up to a minimum of 40 feet., except where the District Dimensional Standards establish a less restrictive requirement. 17 Action: (e) Projecting eaves, chimneys, bay windows, balconies, open fire escapes and like projections which do not project more than 3.5 feet from the principal exterior wall plane, and unenclosed steps, unroofed porches and the like which do not project more than ten (10) feet beyond the line of the foundation wall and which are not over four (4) feet above Grade, may extend beyond the minimum yard setback. (f) Bicycle parking spaces, whether short-term or long-term, and appurtenant structures such as coverings, sheds, or storage lockers may be located within a required yard setback. Devereux Offered by: ADDING language (f) Bicycle parking spaces, whether short-term or long-term, and appurtenant structures such as coverings, sheds, or storage lockers may be located within a required yard setback but no closer than 7.5 feet of an existing residential structure that abuts. 17A Action: Page 9 of 28 Prepared by Mayor's Office

5.2.4 Open Space (a) Except where the District Dimensional Standards establish a less restrictive requirement or as otherwise provided below, the minimum percentage of open space to lot area for an AHO Project shall be 30%. However, the minimum percentage of open space to lot area may be reduced to no less than 15% if at least one of the following criteria is met: (i) An area commensurate with such reduction is used to provide off-street surface parking spaces on the lot along with necessary driveways and access aisles. Mallon & McGovern STRIKING Language Offered by: Zondervan (1) An area commensurate with such reduction is used to provide off street surface parking spaces on the lot along with necessary driveways and access aisles. Action: 18 (i) The AHO Project includes the preservation and protection of an existing building included on the State Register of Historic Places. Zondervan ADDING Language Offered by: (i) The AHO Project includes the preservation and protection of an existing building included on the State Register of Historic Places and the site cannot accommodate 30% open space. 19 Action: (b) The required open space shall be considered Private Open Space but shall be subject to the limitations set forth below and shall not be subject to the dimensional and other limitations set forth in Section 5.22 of this Zoning Ordinance. Private Open Space shall exclude parking and driveways for automobiles. (c) At least half of the required open space shall meet the definition of Permeable Open Space as set forth in this Zoning Ordinance. Zondervan Offered by: AMENDING Language (c) At least half All of the required open space shall meet the definition of Permeable Open Space as set forth in this Zoning Ordinance. 20 Action: Page 10 of 28 Prepared by Mayor's Office

(d) All of the required open space shall be located at Grade or on porches and decks that are no higher than the floor elevation of the lowest Story Above Grade. Open space may be located at higher levels, such as balconies and decks, but shall not count toward meeting the required Private Open Space for the purpose of this Affordable Housing Overlay. Offered by: Mallon & McGovern STRIKING and ADDING Language d) All of the required open space shall be located at Grade or on porches and decks that are no higher than the floor elevation of the lowest Story Above Grade. Open space may be located at higher levels, such as balconies and decks, but shall not count toward meeting the required Private Open Space for the purpose of this Affordable Housing Overlay. (i) Shared above grade spaces, such as roof decks or balconies accessible to all tenants may count towards the percentage of required private open space 21 Action: (e) For the purpose of this Affordable Housing Overlay, area used for covered or uncovered bicycle parking spaces that are not contained within a building shall be considered Private Open Space, but shall not be considered Permeable Open Space. Zondervan Offered by: STRIKING language (e) For the purpose of this Affordable Housing Overlay, area used for covered or uncovered bicycle parking spaces that are not contained within a building shall be considered Private Open Space, but shall not be considered Permeable Open Space. 22 Action: 5.3 Standards for Existing Buildings A building that is in existence as of the effective date of this Ordinance and does not conform to the standards set forth above in this Affordable Housing Overlay may be altered, reconstructed, extended, and/or enlarged for use as an AHO Project as-of-right in accordance with the standards sot faited witw. Exenzs oe ovie said, thrilling, an standards tal or aly to des doming outside the envelope of the existing building shall conform to the standards for new construction set forth above. (a) The modifications to a nonconforming structure allowed as-of-right or by special Permit in Article 8.000 of this Zoning Ordinance shall be allowed as-of right for an AHO Page 11 of 28 Prepared by Mayor's Office

(b) Gross floor area may be added or reconstructed within the interior of the existing building, provided that the resulting number of Stories Above Grade is not more than the greater of the existing number of Stories Above Grade, the maximum number of stories permitted for new construction as set forth above, or the existing height of the building divided by 10 feet. (c) Insulation may be added to the exterior of an existing exterior wall to improve energy efficiency, provided that the resulting exterior plane of the wall shall either conform to the yard setback standards for an AHO project set forth above or shall not intrude more than eight (8) inches further into the existing yard setback. (d) An existing building may be moved to a new location on a lot, provided that the resulting height of the building above Grade at its new location shall be no greater than the height above Grade at its existing location, or the maximum building height permitted for an AHO Project as set forth above, whichever is greater, and also provided that the resulting yard setbacks shall not increase any nonconformance with the required yard setbacks set forth above for an AHO Project. (e) Where the existing amount of open space on the lot does not conform to the standards for an AHO Project set forth above, the existing amount of open space shall be the required amount. However, permitted alterations to the structure or lot including but not limited to moving the building footprint, installing exterior insulation, installing bicycle parking, or installing exterior features to improve accessibility may displace existing open space so long as such open space is reestablished elsewhere on the site to the extent possible and the total amount of open space is not decreased from the existing condition by more than 5% or 100 square feet, whichever is greater. Devereux STRIKING and ADDING language Offered by: (e) Where the existing amount of open space on the lot does not conform to the standards for an AHO Project set forth above, the existing amount of open space shall be the required amount. However, permitted alterations to the structure or lot including but not limited to moving the building footprint, installing exterior insulation, installing bicycle parking, or installing exterior features to improve accessibility may displace existing pen space so long as such open space is reestablished elsewhere on the site to the exten ossible and the total amount of open space is not decreased from the existing conditio by more than 5% or 100 square feet, whichever is greater lesser. 22A Action: 6. Parking and Bicycle Parking The limitations set forth in Article 6.000 of this Zoning Ordinance shall be modified as set forth below for an AHO Project. a.l Required Off-Street Accessory Parking (a) Off-street parking shall be required at a minimum ratio of 0.4 space per AHO Dwelling Unit, except as further modified below. Page 12 of 28 Prepared by Mayor's Office

(b) Off-street parking shall not be required for an AHO Project on a lot that is located, in whole or in part, within one half-mile of a public rapid transit station or within one quarter-mile of a bus stop with a scheduled peak hour frequency of at least six buses per hour during 7:00 to 9:00 AM and 4:00 to 6:30 PM on weekdays. Zondervan Offered by: AMENDING Language (a) Off-street parking shall not be required at a minimum ratio of 0.4 space per AHO Dwelling Unit, except as further modified below. (b) Off-street parking shall not be required for an AHO Project except to ensure compliance with the ADA. In addition to providing ADA compliant parking, sufficient parking and driveway infrastructure shall be included to accommodate pick-up and drop- off activities by motor vehicle, as well as short-term parking and loading zones for moving vans and delivery trucks on a lot that is located, in whole or in part, within one half mile of a public rapid transit station or within one quarter mile of a bus stop with a scheduled peak hour frequency of at least six buses per hour during 7:00 to 9:00 AM and 4:00 to 6:30 PM on weekdays. 23 Action: (c) The requirement for off-street parking spaces shall be waived for AHO Dwelling Units created within existing buildings in existence as of the effective date of this Ordinance. In addition, the requirement for off-street parking spaces shall be waived for any new construction, in the form of additions or stand-alone buildings, of an AHO Project on a lot that also includes the preservation and protection of a building included on the State Register of Historic Places. (d) Where the number of off-street parking spaces required by this Affordable Housing Overlay would otherwise be four spaces or fewer, the requirement to provide off-street parking spaces shall be waived. Devereux Offered by: STRIKING and ADDING language (d) Where the number of off-street parking spaces required by this Affordable Housing Overlay would otherwise be four spaces or fewer, the requirement to provide off-street parking spaces shall be waived provided that the AHO project is within a ½ mile walk to a T stop as measured by a route along the public way. 23A Action: 6.2 Accessory Parking Provided Off-Site (a) Off-street parking facilities may be shared by multiple AHO Projects, provided that the requirements of this Section are met by all AHO Dwelling Units served by the facility and the facility is within 1,000 feet of all AHO Projects that it serves. (b) Off-street parking facilities for an AHO Project may be located within existing parking facilities located within 1,000 feet of the AHO Project and in a district where Page 13 of 28 Prepared by Mayor's Office

parking is permitted as a principal use or where the facility is a pre-existing nonconforming principal use parking facility, provided that the owner of the AHO Project shall provide evidence of fee ownership, a long-term lease agreement or renewable short-term lease agreement, recorded covenant, or comparable legal instrument to guarantee, to the reasonable satisfaction of the Superintendent of Buildings, that such facilities will be available to residents of the AHO Project. 6.3 Modifications to Design and Layout Standards for Off-Street Parking (a) Notwithstanding Section 6.43.2, parking spaces may be arranged in tandem without requiring a special permit, provided that no more than two cars may be parked within any tandem parking space. (b) Notwithstanding Section 6.43.6, owners of adjacent properties may establish common driveways under mutual easements without requiring a special permit. (c) Notwithstanding Paragraph 6.44.1(a), on-grade open parking spaces may be located within 10 feet but not less than 5 feet from a building wall on the same lot or an adjacent lot at the basement or first story without requiring a special permit, provided that such parking spaces are screened from buildings on abutting lots by a fence or dense plantings. (d) Notwithstanding Paragraph 6.44.1(b), on-grade open parking spaces and driveways may be located within 5 feet of a side or rear property line without requiring a special permit, provided that screening is provided in the form of a fence or dense plantings at the property line, unless such screening is waived by mutual written agreement of the owner of the lot and the owner of the abutting lot. Devereux Offered by: AMENDING language (c) Notwithstanding Paragraph 6.44.1(a), on-grade open parking spaces may be located within 10 feet but not less than 5 7.5 feet from a building wall on the same lot or an adjacent lot, at the basement or first story without requiring a special permit, provided that such parking spaces are screened from buildings on abutting lots by a fence or dense evergreen plantings. (d) Notwithstanding Paragraph 6.44.1(b), on-grade open parking spaces and driveways may be located within 5 feet of a side or rear property line or within 7.5 of an abutting residential structure without requiring a special permit, provided that screening is provided in the form of a fence or dense evergreen plantings at the property line, unless such screening is waived by mutual written agreement of the owner of the lot and the owner of the abutting lot. 23B Action: 6.4 Modifications to Bicycle Parking Standards (a) Notwithstanding Section 6.104, long-term or short-term bicycle parking spaces may be located anywhere on the lot for an AHO Project or on an adjacent lot in common ownership or under common control. Page 14 of 28 Prepared by Mayor's Office

(b) Notwithstanding Section 6.107.5, up to 20 long-term bicycle parking spaces may be designed to meet the requirements for Short-Term Bicycle Parking Spaces, so long as they are covered from above to be protected from precipitation. (c) The requirement for short-term bicycle parking shall be waived where only four of fewer short-term bicycle parking spaces would otherwise be required. (d) The number of required bicycle parking spaces shall be reduced by half, up to a maximum reduction of 28 spaces, where a standard-size (19-dock) Public Bicycle Sharing Station is provided on the lot or by the developer of the AHO Project on a site within 500 feet of the lot, with the written approval of the City if located on a public street or other City property, or otherwise by legally enforceable mutual agreement with the owner of the land on which the station is located as approved by the Community Development Department. If additional Public Bicycle Sharing Station docks are provided, the number of required bicycle parking spaces may be further reduced at a rate of 0.5 bicycle parking space per additional Public Bicycle Sharing Station dock, up to a maximum reduction of half of the required number of spaces. (e) For AHO Dwelling Units created within an existing building, bicycle parking spaces meeting the standards of this Zoning Ordinance shall not be required but are encouraged to be provided to the extent practical given the limitations of the existing structure. Bicycle parking spaces shall be provided, as required by this Zoning Ordinance, for dwelling units in an AHO Project that are constructed fully outside the envelope of the existing structure. 6.5 Transportation Demand Management An AHO Project whose parking requirements are waived pursuant to the provisions of this Section shall provide, in writing, to the Community Development Department a Transportation Demand Management program containing the following measures, at a minimum: (a) Offering either a free annual membership in a Public Bicycle Sharing Service, at the highest available tier where applicable, or a 50% discounted MBTA combined subway and bus pass for three months or pass of equivalent value, to up to two individuals in each household upon initial occupancy of a unit. Devereux Offered by: STRIKING language (a) Offering either a free annual membership in a Public Bicycle Sharing Service, at the lighest available tier where applicable, or a 50% discounted MBTA combined subwa and bus pass for three months or pass of equivalent value, to up to two individuals i each household upon initial occupancy of a unit. 23C Action: (b) Providing transit information in the form of transit maps and schedules to each household upon initial occupancy of a unit, or providing information and a real-time transit service screen in a convenient common area of the building such as an entryway or lobby. Page 15 of 28 Prepared by Mayor's Office

Carlone ADDING Language Offered by: 7 Site Selection Due to the above regulations, each site will offer different opportunities and constraints for the affordable housing developer as well as impacts on the abutting neighbors. The priority of site selection shall be organized by the degree that the selected location enhances affordable housing renters' mobility, social interaction, and retail/services access, as well as generates a greater number of units. Therefore, Priority 1 locations are in or immediately adjacent to city squares and smaller neighborhood retail/service districts (BA, BA-1, BA-2). Priority 2 sites are those that the city already controls or owns (empty lots, parking lots, storage areas, etc.). The next three priorities are in lower density neighborhoods: Priority 3 is on major streets and avenues, especially those with mass transit access; Priority 4 are corner locations (traditional locations for most apartment buildings in residential neighborhoods); and Priority 5 are residential properties that are not on corners. 24 Action: 7 Building and Site Design Standards for New Development 7.1 General Provisions (a) The following design standards shall apply to all AHO Projects. Except where otherwise stated, the Project Review requirements set forth in Article 19.000 of this Zoning Ordinance and any design standards set forth in Section 19.50 or elsewhere in the Zoning Ordinance shall not apply if the following standards are met; however, the design standards specific to the project area are encouraged to be met to the extent possible if they are not in conflict with the purpose of this Section. (b) The following design standards shall apply to new construction and to additions to existing structures. Except as otherwise provided, an existing building that is altered or moved to accommodate an AHO Project shall not be subject to the following standards, provided that such alterations do not create a condition that is in greater nonconformance with such standards than the existing condition. Carlone Offered by: ADDING Language (c) Character of street - Since each potential AHO site and its surrounding context is different from street to street; an analysis of both the common and diverse characteristics of each site's street architectural and urban qualities is required prior to the design phase. If a particular street has a diverse collection of building types, and setbacks, heights, density, etc. vary significantly, a new AHO building will more easily fit in. However, if the street has fairly consistent, architectural and urban design characteristics, a new AHO project shall incorporate as many of those qualities as possible into its design. 25 Action: 7.2 Site Design and Arrangement Page 16 of 28 Prepared by Mayor's Office

(a) The area directly between the front lot line and the principal wall plane of the building nearest to the front lot line shall consist of any combination of landscaped area, hardscaped area accessible to pedestrians and bicyclists, and usable spaces such as uncovered porches, patios, or balconies. Parking and other motor vehicle uses, including service and loading facilities, shall not be located within such area, except for driveway access which shall be limited to a total of thirty (30) feet of width for any individual driveway for each one hundred (100) feet of lot frontage. Carlone AMENDING Language Offered by: (a) The area directly between the front lot line and the principal wall plane of the building nearest to the front lot line shall match its street context and consist of any combination of landscaped area, hardscaped area accessible to pedestrians and bicyclists, and usable spaces such as uncovered porches, patios, or balconies. Parking and other motor vehicle uses, including service and loading facilities, shall not be located within such area, except for driveway access which shall be limited to a total of thirty (30) feet of width for any individual driveway for each one hundred (100) feet of lot frontage. 26 Action: (b) Pedestrian entrances to buildings shall be visible from the street, except where the building itself is not visible from the street due to its location. All pedestrian entrances shall be accessible by way of access routes that are separated from motor vehicle access drives. (c) A building footprint exceeding 250 feet in length, measured parallel to the street, shall contain portions that are set back by at least 40 feet in depth measured from and perpendicular to the front lot line and at least 40 feet in width measured parallel to the front lot line. Carlone AMENDING Language Offered by: (c) A building footprint exceeding 250 150 feet in length, measured parallel to the street, shall contain portions entry courtyards that are set back by at least 40 feet in depth measured from and perpendicular to the front lot line and at least 40 30 feet in width measured parallel to the front lot line. 27 Action: 7.3 Building Façades (a) At least 15% of the area of building façades facing a public street or public open space shall consist of clear glass windows. For buildings located in a Business A (BA), Business A-2 (BA2), Business B (BB) or Business C (BC) zoning district, this figure shall be increased to 25%. Page 17 of 28 Prepared by Mayor's Office

Carlone AMENDING Language Offered by: (a) At least 75% 20% of the area of building façades facing a public street or public open space shall consist of clear glass windows. For buildings located in a Business A (BA), Business A-2 (BA2), Business B (BB) or Business C (BC) zoning district, this figure shall be increased to 25%. 30% residential, and 70% retail/active use on the first floor. Action: 28 (b) Building façades shall incorporate architectural elements that project or recess by at least two feet from the adjacent section of the façade. Such projecting or recessed elements shall occur on an average interval of 40 linear horizontal feet or less for portions of the façade directly facing a public street, and on an average interval of 80 linear horizontal feet or less for other portions of the façade. Such projecting or recessed elements shall not be required on the lowest Story Above Grade or on the highest Story Above Grade, and shall not be required on the highest two Stories Above Grade of a building containing at least six Stories Above Grade. The intent is to incorporate elements such as bays, balconies, cornices, shading devices, or similar architectural elements that promote visual interest and residential character, and to allow variation at the ground floor and on upper floors where a different architectural treatment may be preferable. (c) To provide additional visual interest to the façade, for window openings above the ground floor facing a public street or public open space, the developer is encouraged to include architectural elements that provide depth and/or surface relief such as recessed or projecting window surfaces, sills, sun shades, or shutters. Carlone STRIKING Language Offered by: (e) To provide additional visual interest to the façade, for window openings above the ground floor facing a public street or public open space, the developer is encouraged to include architectural elements that provide depth and/or surface relief such as recessed of projecting window surfaces, sills, sun shades, or shutters. [See proposed Amendment 41 adding Section 10 Overlay Design Consultation Objectives] Action: 29 7.4 Ground Floors (a) The elevation at floor level of the ground floor of a building, meaning the lowest story above Grade, shall be at the mean Grade of the abutting public sidewalk, or above such mean Grade by not more than four feet. Where active non-residential uses are provided at the ground floor, the ground floor shall be accessible directly from the sidewalk without requiring use of stairs or a lift. The requirements of this paragraph shall not apply if it is determined by the City Engineer that a higher ground floor elevation is necessary for the purpose of flood protection. Page 18 of 28 Prepared by Mayor's Office

(b) Where structured parking is provided within the ground floor of a building, the portion of the building immediately behind the front wall plane shall consist of residential units, common areas, or other populated portions of the building in order to screen the provided parking over at least 50% of the length of the façade measured parallel to the street. Carlone Offered by: AMENDING Language (b) Where structured parking and/or bicycle storage is provided within the ground floor of a building, the portion of the building immediately behind the front wall plane shall consist of residential units, common areas, or other populated portions of the building in order to screen the provided parking/bicycle storage over at least 50% 75%of the length of the façade measured parallel to the street or on the principal street if on a corner site. 30 Action: (c) The façade of a ground floor facing a public street shall consist of expanses no longer than 25 feet in length, measured parallel to the street, which contain no transparent windows or pedestrian entryways. (d) If the ground floor is designed to accommodate active non-residential uses, the following additional standards shall apply: (i) the height of the lowest story above Grade for that portion of the building containing active non-residential uses shall be at least 15 feet; (ii) the depth of the space designed for active non-residential uses shall be at least 35 feet on average measured from the portion of the façade that is nearest to the front lot line in a direction perpendicular to the street, and measured to at least one street in instances where the space abuts two or more streets; and (iii) that portion of the ground floor façade containing active non-residential uses shall consist of at least 50% transparent glass windows. Carlone AMENDING Language Offered by: (ii) the depth of the space designed for active non-residential uses shall be at least 3540 feet on average measured from the portion of the taçade that is nearest to the front lot line in a direction perpendicular to the street, and measured to at least one street in instances where the space abuts two or more streets; and (iii) that portion of the ground floor façade containing active non-residential uses shall consist of at least 50% (office/service) to 70% (retail transparent glass windows. 31 Action: Page 19 of 28 Prepared by Mayor's Office

(e) Ground floors shall be designed to accommodate at least one space for an active nonresidential use on sites that are located in a Business base zoning district, and where the project site and at least one of the lots abutting the project site contains or has contained a retail and consumer service use at any point within the past two years. Mallon & McGovern SUBSTITUTING Language Offered by: (e) Ground floors shall be designed to accommedate at least one space for an active nonresidential use on sites that are located in a Business base zening district, and where the project site and at least one of the lots abutting the project site contains or has contained a retail and consumer service use at any point within the past two years. e) Ground floors located in a business base zoning district may include retail space or space used by the developer to support activities and services related to their mission as nonprofit entities, i.e. workforce development, job connectors, etc. Action: 32 Carlone AMENDING Language Offered by: (e) Ground floors shall be designed to accommodate at least one space (50% of existing frontage) for an active nonresidential use on sites that are located in a Business base zoning district, and where the project site and at least one of the lots abutting the project site contains or has contained a retail and consumer service use at any point within the past two years. Each proposed project's non-residential frontage length and its context shall be separately evaluated. 34 Action: Zondervan Offered by: ADDING Language (e) Ground floors shall be designed to accommodate at least one space for an active nonresidential use on sites that are located in a Business base zoning district, and where the project site and or at least one of the lots abutting the project site contains or has contained a retail and or consumer service use at any point within the past two years. (i) Such non-residential space shall be made available at an affordable rent as specified in Section 4.b.i. 33 Action: 7.5 Mechanical Equipment, Refuse Storage, and Loading Areas All mechanical equipment, refuse storage, or loading areas serving the building or its occupants hat are (1) carried above the roof, (2) located at the exterior building wall or (3) located outsid he building, shall meet the requirements listed below. Mechanical equipment includes, but is not limited to, ventilation equipment including exhaust fans and ducts, air conditioning equipment, Page 20 of 28 Prepared by Mayor's Office

elevator bulkheads, heat exchangers, transformers and any other equipment that, when in operation, potentially creates a noise detectable off the lot. The equipment and other facilities: (a) Shall not be located within any required setback. This Paragraph (a) shall not apply to electrical equipment whose location is mandated by a recognized public utility, provided that project plans submitted for review by the City identify a preferred location for such equipment. (b) When on the ground, shall be permanently screened from view from adjacent public streets that are within 100 feet of the building, or from the view from abutting property in separate ownership at the property line. The screening shall consist of densely planted and maintained evergreen shrubs or trees equal or greater in height at the time of installation than the equipment or facilities to be screened, or a fence of equal or greater height that is comparable in quality to the materials used on the principal facades of the building, with no more than twenty-five (25) percent of the face of the fence open with adjacent planting. (c) When carried above the roof, shall be permanently screened from view, from the ground, from adjacent public streets and any abutting residentially used lot or lots in a residential zoning district. The screening shall be at least 50% opaque, uniformly distributed across the screening surface. Carlone Offered by: ADDING Language (c) When carried above the roof, shall be setback from the facade and permanently screened from view, from the ground, from adjacent public streets and any abutting residentially used lot or lots in a residential zoning district. The screening shall be at least 50% 75% opaque, uniformly distributed across the screening surface. 35 Action: (d) Shall meet all city, state and federal noise regulations, as applicable, as certified by a professional acoustical engineer if the Department of Inspectional Services deems such certification necessary. (e) That handles trash and other waste, shall be contained within the building or screened as required in this Section until properly disposed of. 7.6 Environmental Design Standards (a) This Section shall not waive the Green Building Requirements set forth in Section 22.20 of this Zoning Ordinance that may otherwise apply to an AHO Project. Zondervan Offered by: ADDING Language (b) Notwithstanding any other requirement, any building permitted through the AHO shall be a Net Zero Ready Building. To the extent that meeting this standard can be documented to be more expensive than what would otherwise be required by the prevailing standards, the developer may apply to the City of Cambridge Affordable Page 21 of 28 Prepared by Mayor's Office

Housing Trust (AHT) for funding to offset the full cost differential, such funding not to be unreasonably denied by the AHT. (c) Notwithstanding the language of the Tree Protection Ordinance (TPO), any project permitted under the AHO shall be fully compliant with the TPO. To the extent that meeting this standard can be documented to be more expensive than what would otherwise be required by law, the developer may apply to the City of Cambridge Affordable Housing Trust (AHT) for funding to offset the full cost differential, such funding not to be unreasonably denied by the AHT. (d) Notwithstanding any other requirements, any building permitted through the AHO shall be limited to a Floor Area Ratio (FAR) of 3.0, or double the base zoning. whichever is less, to ensure sufficient land area for green space to mitigate heat and flooding considerations of climate change. Action: 36 (b) Where the provisions of the Flood Plain Overlay District apply to an AHO Project, the performance standards set forth in Section 20.70 of this Zoning Ordinance shall apply; however, a special permit shall not be required. (c) An AHO Project shall be subject to other applicable laws, regulations, codes, and ordinances pertaining to environmental standards. (d) New outdoor light fixtures installed in an AHO Project shall be fully shielded and directed to prevent light trespass onto adjacent residential lots. Devereux Offered by: ADDING language (d) New outdoor light fixtures installed in an AHO Project shall be fully shielded and directed to prevent light trespass onto adjacent residential lots or the public way. Action: 36A 8 Advisory Design Consultation Procedure Prior to application for a building permit, the developer of an AHO Project shall comply with the following procedure, which is intended to provide an opportunity for non-binding community and staff input into the design of the project. Carlone ADDING language Offered by: Further Devereux amendment in brackets (a) [At least] One preliminary planning meeting shall be scheduled at a time and location that is convenient to residents in proximity to the project site. The purpose of this meeting is to share Page 22 of 28 Prepared by Mayor's Office

the development team's site and street context analysis with the community and other interested parties, and gain feedback from the neighborhood 37 Action: (a) At least one community meeting shall be scheduled at a time and location that is convenient to residents in proximity to the project site. The Community Development Department (CDD) shall be notified of the time and location of such meeting, and shall give notification to each abutting property owner and to any individual or organization who each year files with CDD a written request for such notification, or to any other individual or organization CDD may wish to notify. The purpose of the community meeting(s) shall be to present preliminary project designs, answer questions from neighboring residents and other interested members of the public, and receive feedback on the design. The date(s), time(s), location(s), attendance, materials presented, and comments received at such meeting(s) shall be documented and provided to CDD. (b) Following one or more such community meeting(s), the developer shall prepare the following materials for review by the Planning Board. CDD shall review to certify that the submitted written and graphic materials provide the required information in sufficient detail. All drawings shall be drawn to scale, shall include a graphic scale and north arrow for orientation, and shall provide labeled distances and dimensions for significant building and site features. (1) A context map indicating the location of the project and surrounding land uses, including transportation facilities. Carlone Offered by: ADDING Language 2) A context analysis discussed with CDD staff including existing front yard setbacks, architectural character, unique features that shall or shall not influence the AHO design. 38 Action: (2) An existing conditions site plan depicting the boundaries of the lot, the locations of buildings, open space features, parking areas, trees, and other major site features on the lot and abutting lots, and the conditions of abutting streets. (3) A proposed conditions site plan depicting the same information above as modified to depict the proposed conditions, including new buildings (identifying building entrances and uses on the ground floor and possible building roof deck) and major anticipated changes in site features. Carlone ADDING language Offered by: (4) A design statement on how proposed project attempts to reinforce existing street/context qualities and mitigates the planned project's greater massing, height, density, etc. 39 Action: (4) Floor plans of all proposed new buildings and existing buildings to remain on the lot. Page 23 of 28 Prepared by Mayor's Office

(5) Elevations and cross-section drawings of all proposed new buildings and existing buildings to remain on the lot, depicting the distances to lot lines and the heights of surrounding buildings, and labeling the proposed materials on each façade elevation. (6) A landscape plan depicting and labeling all hardscape, permeable, and vegetated areas proposed for the site along with other structures or appurtenances on the site. (7) Plans of parking and bicycle parking facilities, as required by Section 6.50 of this Zoning Ordinance. (8) Materials palettes cataloguing and depicting with photographs the proposed façade and landscape materials. Chosen points of view to be decided in concert with CDD urban design staff. (9) Existing conditions photographs from various vantage points on the public sidewalk, including photos of the site and of the surrounding urban context. (10) Proposed conditions perspective renderings from a variety of vantage points on the public sidewalk, including locations adjacent to the site as well as longer views if proposed buildings will be visible from a distance. (11) A dimensional form, in a format provided by CDD, along with any supplemental materials, summarizing the general characteristics of the project and demonstrating compliance with applicable zoning requirements. (12) A brief project narrative describing the project and the design approach, and indicating how the project has been designed in relation to the citywide urban design objectives set forth in Section 19.30 of the Zoning Ordinance, any design guidelines that have been established for the area, and design guidelines established for AHO Projects in Cambridge. Devereux Offered by: ADDING language (13) Shadow studies that show the impact on neighboring properties with existing solar installations. (14) A financial pro-forma that shows the AHO developer's profit does not exceed the maximum allowed under Chapter 40B of State law. 39A Action: (c) Within 65 days of receipt of a complete set of materials by CDD, the Planning Board shall schedule a design consultation as a general business matter at a public meeting. The materials shall be made available to the public in advance, and the Planning Board may receive written comments prior to the meeting from City staff, abutters, and from the general public. Devereux AMENDING language Offered by: Page 24 of 28 Prepared by Mayor's Office

(c) Within 65 days of receipt of a complete set of materials by CDD, the Planning Board shall chedule a design consultation as a general business matter at a public meeting. The material hall be made available to the public in advance, and the Planning Board may receive written an oral comments prior to the meeting from City staff, abutters, and from the general public. 39B Action: (d) At the scheduled design consultation, the Planning Board shall hear a presentation of the proposal from the developer and comments from the public. The Board may ask questions or seek additional information from the developer or from City staff. (e) The Planning Board shall evaluate the proposal for general compliance with the requirements of this Section, for consistency with City development guidelines prepared for the proposal area and for AHO Projects in general, for appropriateness in terms of other planned or programmed public or private development activities in the vicinity, and for consistency with the Citywide Urban Design Objectives set forth in Section 19.30. The Board may also suggest specific project adjustments and alterations to further the purposes of this Ordinance. The Board shall communicate its findings in a written report provided to the developer and to CDD within 20 days of the design consultation. (f) The developer may then make revisions to the design, in consultation with CDD staff, and shall submit a revised set of documents along with a narrative summary of the Planning Board's comments and changes made in response to those comments. (g) The Planning Board shall review and discuss the revised documents at a second design consultation meeting, which shall proceed in accordance with Paragraphs (c) and (d) above. Following the second design consultation, the Planning Board may submit a revised report and either the revised report or if there are no revisions the initial report shall become the final report (the "Final Report"). Any additional design consultations to review further revisions may occur only at the discretion and on the request of the developer. Carlone Offered by: ADDING language (g) The Planning Board shall review and discuss the revised documents at a second design consultation meeting, which shall proceed in accordance with Paragraphs (c) and (d) above. Following the second design consultation, the Planning Board may submit a revised report and either the revised report or if there are no revisions the initial report shall become the final report (the "Final Report"). Any additional design consultations to review further revisions may occur only at the discretion and on the request of the developer or the principal funder, Cambridge's Affordable Housing Trust. 40 Action: (h) The Final Report from the Planning Board shall be provided to the Superintendent of Buildings to certify compliance with the procedures set forth herein. Carlone Offered by: ADDING language Page 25 of 28 Prepared by Mayor's Office

10 Overlay Design Consultation Objectives Given the need to increase density and height, and reduce setbacks, all design efforts should lessen the impact of greater massing as described below. The urban design and architectural objectives in this part 10 and elsewhere in this Section 11.207 are intended to provide guidance to affordable housing developers, the Planning Board, the Affordable Housing Trust, and the general public as to the city's policies with regard to the form and character desirable for new affordable housing developments in the city. The Affordable Housing Trust shall apply these design objectives when making project-funding decisions. It is understood that application of these principles can vary with the context of specific building proposals in ways that, nevertheless, fully respect the policies' intent. It is intended that proponents of projects, and city staff, the Planning Board and the general public should be open to creative variations from the detailed provisions presented in this Section as long as the core values expressed are being served. A project need not meet all the objectives of this section. (a) Character of street - Since each potential AHO site and its surrounding context is different from street to street; an analysis of both the common and diverse characteristics of each site's street architectural and urban qualities is required prior to the design phase. If a particular street has a diverse collection of building types, setbacks, etc., a new AHO building will more easily fit in. However, if the street has fairly consistent, architectural and urban design characteristics, a new AHO project shall incorporate as many of those qualities as possible into its design. (b) New buildings and additions shall be well-studied, handsome structures that feel comfortable and inviting to the general public. Although each style of architecture has unique characteristics. successful community architecture incorporates a relatively similar scale of building elements: size, rhythm and depth of windows; materials; roof articulation such as dormers; projecting bay windows; subtly expressed structural bays; entry points, signage; etc. (c) All buildings should be of a tripartite architectural configuration consisting of base, middle and expressive top. As buildings increase in height (above 3-4 stories depending on location), they should be shaped to be increasingly slender and broken down in scale toward the top. Top floor elements shall include a coordinated design of sloped roofs, gables, dormers, and/or setback balcony. (d) Materials shall be warm, inviting, and supportive of surrounding existing buildings (generally over 2 stories in height) and the overall neighborhood context. In addition, highlights and subtle embellishments are needed to create a desirable community of buildings. Stringcourses, lintels, sills and trim will soften, refine and enliven facades through their contrasting articulation and cast shadows. Other potential key locations for articulation are at the building base, entries, corners, top floor and silhouette. (e) Projects must relate to human dimensions and provide a sense of intimacy in all aspects of design from building concept development to construction details. Of particular importance are the treatment of the ground plane and other parts of the projects, which can be seen and experienced directly by the public. (f) Building scale and wall treatment, including the provision of windows, should be sensitive to existing residential neighbors. (g) An AHO Project's active ground floor non-residential uses shall meet a need desired by the surrounding neighborhood and in particular affordable apartment renters. Page 26 of 28 Prepared by Mayor's Office

(h) Special planning and architectural attention is required for new development adjacent to or added to historically significant buildings. Every effort should be undertaken to harmonize with historic structures. Mitigate height by incorporating sloped roofs/upper floor setback in the newer building. (i) Given AHO's resulting reduction in open space per resident a communal space (roof deck, covered entry porch, lobby meeting room, etc.) is needed. (i) Parking/bicycle storage facades along a public way shall be treated residentially similar to balance of the building. (k) Trash that is handled to avoid impacts (noise, odor, and visual quality) on neighbors, e.g. the use of trash compactors or containment of all trash storage and handling within a building is encouraged. 41 Action: 9 Implementation of Affordable Housing Overlay (a) The City Manager shall have the authority to promulgate regulations for the implementation of the provisions of this Section 11.207. There shall be a thirty-day review period, including a public meeting, to receive public comments on draft regulations before final promulgation. Devereux Offered by: AMENDING language (a) The City Manager shall have the authority to promulgate regulations for the implementation of the provisions of this Section 11.207. There shall be a sixty-day thirty day review period, including a public meeting, to receive public comments on draft regulations before final promulgation. 41A Action: (b) The Community Development Department may develop standards and procedures appropriate to and consistent with the provisions of this Sections 11.207 and the above regulations. 10 Enforcement of Affordable Housing Overlay The Community Development Department shall certify in writing to the Superintendent of Buildings that all applicable provisions of this Section have been met before issuance of any building permit for any AHO Project, and shall further certify in writing to the Superintendent of Buildings that all documents have been filed and all actions taken necessary to fulfill the requirements of this Section before the issuance of any certificate of occupancy for any such project. Mallon & McGovern ADDING Language Offered by: 11 Review of the Affordable Housing Overlay Page 27 of 28 Prepared by Mayor's Office

After a period of five (5) years from the date of enactment of this Ordinance and every five years henceforth, the Affordable Housing Trust and the Community Development Department shall provide to the Council a report containing the following: (a) Number of sites and their location bid on for the purpose of Affordable Housing Projects (b) Number of sites and their location acquired for the purpose of Affordable Housing Projects (c) Number of units created at each individual site (d) Total number of residents served by Affordable Housing Projects Action: 42 Carlone ADDING language Offered by: 13 Five Year Affordable Housing Overlay Progress Report and Review The Community Development Department will prepare a progress report to the City Council, which evaluates the effectiveness of the Affordable Housing Overlay in increasing affordable housing throughout the city and evaluates with neighborhood consultation all built and approved projects. This report will include site-specific outcomes to meet City goals. It shall be completed by the end of the 5th year of the Ordinance. Upon receipt, the Ordinance Committee will hold public hearings to discuss the report's findings and recommendations. 43 Action: Devereux ADDING language Offered by: 11 Annual Review Required The Community Development Department shall prepare an annual progress report to present in public meetings of both the City Council's ordinance Committee and the Planning Board that evaluates the effectiveness of the Affordable Housing Overlay in balancing the goals of the Ordinance to increase affordable units throughout the City while meeting environmental and mobility goals and measures the success of neighborhood consultation and engagement with the design review process. This report will include site-specific outcomes. It shall be completed and presented annually, starting 18 months after ordination. 12 Sunset Provision The AHO shall sunset once the citywide target goal of 1,000 new affordable units is reached. Action: 43A Page 28 of 28 Prepared by Mayor's Office

ATTACHMENT 43 Dennis J. Carlone Cambridge City Council Common Sense Urban Design and Implementation Recommendations For the (Not Ready) Proposed Affordable Housing Overlay The proposed Affordable Housing Overlay is the subject of much discussion and debate. Zoning reform cannot be simplified as a hard no or an unconditional yes. The devil is always in the details, and as a trained and experienced architect and urban designer I believe I am well-suited to address the concerns of the overlay, to guide an ordinance that realistically promotes affordable housing, and to prevent the city from being sued. Every City Councillor is committed to addressing the affordable housing crisis. We all agree on the goal but disagree on the current citywide AHO overlay draft. My own view is that the present petition is deeply flawed and needs more work before it can be a viable solution. It lacks any meaningful design review standards and process, nor ways to measure outcomes. It does not specify the actual increased densities proposed for affordable housing. Rather than a citywide scope as currently proposed, Cambridge should focus on the most buildable sites (where change is inevitable and the greater number of units can be built) that more fully meet the needs of affordable housing families. At the same time we must ensure that new construction enhances, not overwhelms, existing communities. A broader and sounder vision than the original overlay is needed, and this will require more work and more time as we find the most effective way to move forward. Zoning is Law. We must remember that any approved zoning becomes our law. And any law must be carefully studied and thoughtfully developed. Because this has not yet happened, preliminary discussions have created a great sense of uncertainty, confusion and anger among our residents. We can - and must - do better. City Development Policy Background: Since the 1970's, City policies focused almost exclusively on expanding commercial development in order to increase the tax base and employment opportunities, in part to make up for the loss of industry in the 1950's and 60's. As a result, the amount of commercial development in Cambridge continually outpaces new residential production. This planning approach creates a very strong housing demand from new employees with higher incomes who want to 1 Cambridge Housing Overlay: An Urban Design Approach August 8, 2019

Dennis J. Carlone Cambridge City Council live near work and is compounded by unmet housing needs of expanding universities and the general increased interest in city living. This has led to housing cost (apartment rents and home purchases) increasing 2,000 percent or more over the last 40 years. Many, especially the middle and working class, have been forced out of Cambridge. Much concern has been generated by the recently proposed city overlay strategy, primarily because although it is well-intended, it is seriously incomplete and in some places, ill-informed and therefore, not ready for prime-time, public discussions. Advocates on one side do not want the AHO petition to change and members of the other side fear their homes will be overshadowed by new construction and their properties devalued. I strongly believe there is an urban design approach that helps everyone, but like anything worthwhile it will take time and more work to get it right. A More Realistic, Broader Approach: Given the large amount of public financing and City Council/Staff involvement, any citywide petition resulting in denser construction must diligently balance community concerns with projected development. We need to do a better job of this. The expanse of the proposed petition is precedent-setting, and no one wins if the matter goes to court. The goal should be to find an approach that works for everyone in a fair, balanced, transparent, and productive way. Residents want the opportunity to be a part of the larger community and to live in homes that fit into their neighborhood. A Different Kind of Zoning is Needed: We must go beyond specific site zoning as outlined in the Affordable Housing Overlay petition and consider existing neighboring buildings' context, including siting characteristics (setbacks, height, character, etc.) in order to create desirable development. Each neighborhood block is different, especially in commercial areas,. We must evaluate appropriate sites from a neighborhood-impact perspective and develop more appropriate heights and transitions. We need to zone and build in context. Well-conceived architectural and urban design objectives with a strong design review process are essential to ensure that new development (especially those significantly larger than their neighbors) reinforces and enhances the surrounding neighborhood, village center, or city square character. The current plan as written does not allow for this. Ideally, the best overlay ordinance Cambridge Housing Overlay: An Urban Design Approach August 8, 2019 2

Dennis J. Carlone Cambridge City Council creates a scenario where each project within it adds to the civic confidence that the ordinance works. Preferred Site Locations: We should highly focus on site opportunities where urban change is already inevitable and ensure that they are part of the greater area vision. Whenever there is development demand, change almost always occurs on "Soft Parcels." These are sites that are underbuilt (where existing zoning allows a larger structure), underutilized (vacant or unprofitable use), and/or one in poor condition (beyond saving). In Cambridge, parking lots and one-story (especially vacant) structures are the most prime locations for redevelopment. We see this happening right now throughout the city. These are the areas that will almost certainly become luxury apartment if we don't prioritize affordable housing there. Furthermore, most people, especially residents without cars, want to live near needed retail, public services, and mass transit. Many want to have the opportunity to be a part of an active community. Overlay Design Consultation Objectives: Design objectives, which determine the design and scope of any development, must be part of the zoning if they are going to have any consistent impact on development. Separate guidelines, especially without a special permit-based design review process, (as proposed by the current petition), are ineffective because they are not enforceable. Implementation and Oversight: As now proposed, The Cambridge Affordable Housing Trust, the principal Cambridge funding source, seems to be the only design and implementation oversight group currently with any power. They will be required to evaluate neighborhood design concerns, Planning Board design recommendations, and Community Development's urban design staff comments and then decide whether the proposed building should be funded or not. They must state what design changes will be incorporated in any proposed project seeking their funding assistance. No other group would have any control. This is overly taxing on the Trust and not a good balance of power. Site and Non-Residential Space Ownership: Instead, the city needs to utilize a trusted non-profit entity with proven experience in the development process and the ability to purchase property and possibly write down the land cost for public 3 August 8, 2019 Cambridge Housing Overlay: An Urban Design Approach

Dennis J. Carlone Cambridge City Council purposes. This entity would be in a position to oversee any non-residential first floor uses, such as desired local retail, pre-kindergarten facilities, neighborhood library, etc. The remanding building rights would be sold to a local affordable housing developer - allowing the residential developer to focus primarily on the development of housing. In my view, the most likely candidate is the Cambridge Redevelopment Authority, which has a unique economic and development management position in the city with broad purchasing and planning powers. This approach is essential to expanding affordable housing in Cambridge. Embellishment of Public Domain: The city, not the affordable housing developer, should be responsible for new sidewalks, trees sustainably planted and watered, street patching, streetlights, and utilities below grade to help offset public domain costs and, at the same time, improve street tree growth as well. The city is not currently responsible and this needs to be added to an improved overlay petition. More Funding: I fervently hope the City Council can eventually pass an Affordable Housing Overlay that promotes affordability, addresses neighborhood concerns and doesn't open the city up to lawsuits. However, even a successful overlay will go nowhere without funding for affordable housing. I am proud of my work to secure an additional $5 million a year in city funding for affordable housing, but this is clearly not enough. Others on the council and in the city are doing their best to increase funding, and we still need to do better. Although Cambridge is by far the wealthiest city in the state with the greatest financial resources, our residents have the second lowest real estate tax payments in Massachusetts and one of the lowest in the country. As many residents have stated, we can easily afford more for meeting our commitments. Bottom-Line Recommendation: I have proposed a number of specific improvements to the petition that will be discussed at today's Ordinance hearing. However, it is clear to me that we are not ready, with too little time available, to fully modify the petition. Let's truly understand all implications, both positive and negative. Let's get it right, and take the time we need to work on the intended goals and methods to assure that what we propose is feasible, equitable, transparent, measurable, and unifies us as a great City. 1 We pay two-thirds of what Boston residents pay in real estate taxes. August 8, 2019 Cambridge Housing Overlay: An Urban Design Approach 4