a report from Vice Mayor Mallon, Chair of the Economic Development and University Relations Committee, for a public hearing held on July 30, 2020 to discuss to receive an update on the Retail Land Use Initiative and Retail Table of Land Use Update

Attachment A July 2020 Recommendations Retail Land Use Zoning Community Development Department City of Cambridge

City of Cambridge - Community Development Department commercial classifications in the Zoning Ordinance new retail uses Inc. to develop the Commercial Land Use Classification Study, providing incorporate recommendations from the 2015 study to allow for more flexible and recommendations to the City on ways to update, consolidate, and clarify land use classification to allow for more flexible retail formats and business models July, 2020 • 2015: CDD engaged with planning consulting firm Community Opportunity Group, • 2019: In Envision Cambridge a near term action item is to revise the commercial • 2017: In the Retail Strategy Plan, the City's consultants recommended that the City Project Background

35 30 25 20 15 #of Applications (2013-2019) BZA APPLICATIONS BY TYPE Expansion Pet Services Change of Use Outdoor Retail Parking Waiver Fast Order Food Live Entertainment Accessory Retail Use Boston 09 City of Cambridge - Community Development Department Somel Live Entertainment Pet Services Change of Use Accessory Retail Use Expansion Outdoor Retail Parking Waiver Fast Order Food BZA Case Type: July, 2020 Retail Business Permitting (2013-2019) Google Maps. Last Updated: 6/28/2019. Map by Community Opportunities Group, Inc. Data Source: City of Cambridge, CDD. Basemap & Encoding:

284 Broadway No classification Required Variance Lamplighter Brewing Co. SPICE CO Curio Spice Co. (2254 Mass. Ave.) CURIO Required a SP for Light Manufacturing/Assembly City of Cambridge - Community Development Department (1702 Mass. Ave.) Required Variance Classified as Fast Food Honeycomb Creamery July, 2020 Examples

(56 JFK St.) Required SP Black Sheep Bagel Classified Fast Food BAGEL CAFE BLACK SHEEP Loyal Nine Additional Seats (660 Cambridge St.) Required a Parking Waiver for City of Cambridge - Community Development Department (67 Smith Place) the space a classroom Formaggio Kitchen Annex Julv, 2020 Required SP to make a portion of Examples

City of Cambridge - Community Development Department • Variances for non-defined uses or mixed of uses • Fast Order Food Permits • Average delay in opening due to SP/Variances: 3-6 months • Parking Waivers (SP and Variances) • Average legal costs for SP/Variances: $3,000 • Current uses are not clearly defined July, 2020 • Time and Costs: • Most Common BZA requests: Impact on Business

City of Cambridge - Community Development Department definitions not up-to-date businesses having to carry rent requirements • Use table complicated to read - too many footnotes, too many categories, • Parking requirements July, 2020 • Allowing mixed uses in one space, different revenue streams • Non-conforming uses • Food entrepreneurs face difficulties - e.g., commercial kitchens, fast order food • Too much time to resolve zoning issues and obtain variances, costly for small Feedback from Business Outreach

City of Cambridge - Community Development Department etc.) July, 2020 6. Home-based businesses 1. Consistently define all retail use types 4. Plan for unforeseen use types 3. Regulate "hybrid" activities 5. Consider relaxing some requirements (parking, change of use, & 2. Add use types that are not listed Objectives of Retail Zoning Initiative

City of Cambridge - Community Development Department Zoning for Retail - Overview uly, 20201

10 be required? met (e.g., parking, signage) of retail allowed? retail categorized? What standards must be • What review process might • Where are different types • How are different types of City of Cambridge - Community Development Department Zoning Districts Proctors peek Dota City of Cambridge, Massachusetts story so Tenan July, 2020 How does zoning affect retail?

11 City of Cambridge - Community Development Department major concerns shopping centers, car-oriented to 1961 • Most retail use zoning dates back • Parking, trash, and noise were • Retail was mostly in concentrated July, 2020 Past - How did we get to where are now?

City of Cambridge - Community Development Department to a mixed use neighborhood part of an active street life July, 2020 • Builds a sense of community • Active ground floor uses are key • Retail and other amenities are a Today - Where are we?

13 City of Cambridge - Community Development Department unconventional spaces changing - in unpredictable ways (travel, shows, classes) (especially pre-packaged food/beverage) July, 2020 • Businesses are making creative use of • Experiences are an increasing part of retail • How we purchase items and services is • Desire for items made local is increasing Future - Where are we going?

14 New businesses are not routinely particular business fits in zoning aligned with current City goals Business owners, residents, and the forced to seek relief from the BZA Objective City can readily determine where a Regulation follows a logical pattern City of Cambridge - Community Development Department Relax especially onerous Revise retail use definitions for requirements (parking) Revise regulations for what retail uses are allowed where clarity and consistency Approach July, 2020 Recommendations Overview Part

City of Cambridge - Community Development Department Part 1: Retail Land Use Definitions July, 2020|

16 g. Automobile service station where no major repairs are made 32 e. Open air or drive in theatre or other open air place of entertainment d. Outdoor amusement park, outdoor sports facility conducted for conducted partly or wholly outdoors; commercial greenhouse or profit garden b. Automobile oriented fast order food service establishment h. Car washing establishment using mechanical equipment for the a. Sales place for flowers, garden supplies agricultural produce i. Place for exhibition, lettering or sale of gravestones wholly outdoors where motorist does not have to leave his or her car purpose of cleaning automobiles and other vehicles f. Sale of new or used cars conducted partly or wholly on open lots, or rental agency for automobiles, trailer, motorcycles, conducted partly or c. Drive in bank and other retail or consumer service establishment 4.36 Open Air or Drive In Retail & Service City of Cambridge - Community Development Department 2. Other retail establishments 1. Establishment providing convenience goods such as drug stores, food stores, tobacco, newspaper and magazine stores, variety stores, e. Lunchroom, restaurant, cafeteria 2 c. Barber shop, beauty shop, laundry and dry cleaning pickup agency, shoe repair, self-service laundry or other similar establishment b. Place for the manufacturing, assembly or packaging of consumer goods 25 g. Bar or other establishment where alcoholic beverages are sold and consumed and where dancing and entertainment is provided. Dance q. Art/Craft Studio i. Commercial recreation and liquor stores 24 o. Fast Order Food Establishment p. Deleted 1. Veterinary establishment, kennel, pet shop or similar establishment 29 m. Sales place for new and used car, rental agency for autos, trailers and motorcycles 3o k. Printing shop, photographer's studio 1. Mortuary, undertaking or funeral establishment r. Bakery, Retail d. Hand laundry, dry cleaning or tailoring shop 26 hall or similar place of entertainment a. Store for retail sale of merchandise 23 s. Cannabis Retail Store h. Theatre or hall for public gatherings n. Office including display or sales space of a wholesale, jobbing or similar establishment 32 Retail Business and Consumer Service Establishments July, 2020 Retail Use Types - Current Zoning 4.35

City of Cambridge - Community Development Department do not fit an existing category (reduce footnotes) combine different use types july, 2020 Overall Objectives • "Other" designation for new retail types that • System for categorizing establishments that • Each use has a clear, consistent definition

18 City of Cambridge - Community Development Department July, 2020 Food and Beverage Service Entertainment and Recreation Personal Services Retail Stores Art Studios Special Retail and Service 4.36 Open Air or Drive In Retail & Service 4.35 Retail Business and Consumer Service Establishments Retail Use Types - At a Glance

19 merchandise is sold on premises Remove limitation that ≥50% of Keep as-is, or combine with more Create as new use Add definition Add/refine definition. Currently limited to 2,500 SF - change? general definition City of Cambridge - Community Development Department Retail Bakery (for use at home) Assembly/Manufacturing Retail Store with Current Use Type (summarized) ssues/Recommendations July, 2020 Retail Stores new Grocery Store 4.35-r 4.35-b 4.35-a2 General Merchandise ("Other") 4.35-a1 Convenience Store

Consolidate into "Personal Service," encompass other modern services (e.g., electronics repair, bicycle Issues/Recommendations repair, copying) City of Cambridge - Community Development Department Hand laundry, dry cleaning, Barber shop, beauty shop, dry Printing shop, photographer's studio Current Use Type (summarized) tailoring service laundry, "other similar" cleaning pickup, shoe repair, self- July, 2020 Personal Services 4.35-c 4.35-k 4.35-d

21 Define as new use Revise definition - remove strict Define as new use Add definition or consolidate? Add definition or consolidate? of dine in vs. takeout standards re: table seating, amount Add definition or consolidate? Issues/Recommendations City of Cambridge - Community Development Department Current Use Type (summarized) July, 2020 Food and Beverage Service new Food Hall new Craft Beverage Establishment new Food Stand/Kiosk 4.35-o Fast Order Food Establishment 4.35-e Restaurant - no alcohol 4.35-f2 Bar - without food 4.35-f1 Restaurant - with alcohol

22 City of Cambridge - Community Development Department where it is sold. component of meals; July, 2020 1. no non-disposable plates, cups and utensils to all patrons 3. less than 75% percent of seating is free standing tables rather than counters 2. no printed individual menus for all patrons Considered a Fast Order Food Establishment if any of the following are true: 4. less than 80% of revenue is food consumed on premises • available upon a short waiting time; and "Fast Order Food" is: • packaged or presented in such a manner that it can be readily eaten outside the premises • primarily intended for immediate consumption rather than for use as an ingredient in or Retail Use Types: Fast Order Food

23 Refine definition Add/revise definition - currently Define as new use Add definition Issues/Recommendations includes anything with "alcohol" and "entertainment" City of Cambridge - Community Development Department Fitness Center "Dance Hall" Current Use Type (summarized) July, 2020 Entertainment and Recreation new 4.35-i Commercial Recreation 4.35-g 4.35-h Theater

Define as new use No change City of Cambridge - Community Development Department Current Use Type (summarized) Issues/Recommendations July, 2020 Art Studios New Performing Arts Studio 4.35-q Art/Craft Studio

Needs definition Needs definition Recommend deleting No change City of Cambridge - Community Development Department Office with wholesale sales/display, "jobbing" Current Use Type (summarized) Issues/Recommendations July, 2020 Special Retail and Service 4.35-l Pet Service (vet, kennel, pet shop) Needs definition 4.35-s Cannabis Retail Store 4.35-n 4.35-j Funeral Home/Mortuary 4.35-m Auto Sales (indoor)

25 Needs definition Needs definition Needs definition Needs definition Needs definition Needs definition - specify "drive-in" Recommend deleting To be part of Urban Agriculture Needs definition - specify "drive-in" Issues/Recommendations City of Cambridge - Community Development Department Current Use Type (summarized) July, 2020 Open Air/Drive In Retail and Service 4.35-i Gravestone exhibition 4.35-f Auto Sales (open lot) 4.36-c Drive-in bank or retail 4.36-b Auto-oriented Fast Order Food 4.35-h Auto Wash 4.36-d Amusement park, sports facility 4.35-g Auto Service Station 4.36-a Agricultural/Greenhouse 4.35-e Open-air/drive-in theater

27 Define as new use - distinct from Define as new use "drive-in" City of Cambridge - Community Development Department Outdoor Entertainment/Recreation Current Use Type (summarized) Issues/Recommendations July, 2020 Open Air/Drive In Retail and Service new new Temporary Outdoor Retail

Add General Definition Add General Definition Include: retail stores, personal services, entertainment, recreation City of Cambridge - Community Development Department Establishment (not otherwise Service Establishment (not otherwise defined)" defined)" "Retail or Consumer Service "Outdoor Retail or Consumer Juiv, 2020 Defining "Other"

City of Cambridge - Community Development Department Large (>10,000 SF) Establishments place of separate uses Medium (2,500-10,000 SF), July, 2020 Define by size/intensity Consolidation • e.g., Small (<2,500 SF), • e.g., "Food and Beverage Establishment" in Alternative Approaches

Food Service Establishment New Use City of Cambridge - Community Development Department Julv, 2020 Example: Berkeley, CA - 2018 Amendment Quick Service Restaurant Full Service Restaurant Previous Uses Carry Out Food Store

31 Performances up to 2 nights/week at a Restaurant Bar/concession at a Theater Game tables at a restaurant Outdoor sales area, restaurant seating Classes/workshops on items sold at a Retail Store Examples City of Cambridge - Community Development Department July, 2020 Defining "Accessory Retail" Uses principal use. (Section 4.21 defines limitations.) Accessory uses are subordinate and incidental to the Outdoor Activities Recreation Programming Food Service Entertainment Potential Accessory Uses

City of Cambridge - Community Development Department Part 2: Retail Use Regulation July, 2020

No Yes1 "variance"* "prohibited" "not permitted" Zoning District 2 "permitted, with limitations" "as-of-right, with limitations" SP Yes City of Cambridge - Community Development Department "permitted" "as-of-right" "conditional" Zoning District 1 "special permit" July, 2020 Ways to Regulate Use Types Use Type 1 Use Type 2

Tempo read by the Come Beepent print on Seeral listen.13 Spent Dies LUF Spenture tont Oper space for the exact location of boundaries. Zoning Districts Specia Dese? Specul Dine 4 Spied Dome 2 Specal Drumen Special Dariet-s refer to the documents on file in the City Clerk's Office City of Cambridge, Massachusetts not appear on this map. The zoning lines are approximate. Please including Ordinance #1398 of October 23, 2017. Overlay Districts do As adopted February 13. 1961 and modified by subsequent amendments up to and Demiipment Dutier Canned Ju: Depelopment Overlay indeper Banteste Emer Sheet Deser Sente Orday Diet Mised Ua Deadopment Ment To Peelerse Cora? Month Some Domet City of Cambridge - Community Development Department indurey B.: Indury A? Pusness 2-1 In dusty P JInduny A f82aana.1 2 Buses? 0-24 Care 24 03 fice 3 0-34 свіл 11 Pardon P Pend-nice C Office: A-2 Pendens 42 C-3 Pendense 3? A-1 Readene A 1 C.1 Readence C:: Zoning Distriets C-2A Pardons : 2A July, 2020

35 More restrictive More permissive Retail Uses (Generally) City of Cambridge - Community Development Department Industry District Types Central Business Low-Intensity Office High-Intensity Office Neighborhood Business Residential (single/two-family) July, 2020 Residential (multifamily/institutional) District Types

Charles River Cambridge, Massachusetts Commercial Base Zoning Districts Industrial Base Districts Higher-Scale Mixed-U'se Office Base Districts Business Base Districts Commercial Base Zoning Districts

Charles River NOTE: All locanons approsimate. Maps are mended to prosee a guaranteed to show ever instance of a particular retail use type. general overview of basmess locations across the city and are not Restaurants Cambridge, Massachusetts Higher-Scale Mixed-L'se Office Base Districts Business Base Districts Industrial Base Districts Commercial Base Zoning Districts Fresh Pund Division assessment Source: Food Permits and CDD Econome Development Allowed by Special Permit in Zoning Overlay or PUD Allowed As-of-Right in Base Zone or PUD 4.35-(2) • Sir-Down Restaurant Locations Lunchroom, restaurant, cafeteria, bar (4.35-e, 4.35-П,

Charles River guaranteed to show even sostance of a particular retail use type. general overvice of business locations across the cite and are not NOTT: All locations approximate. Maps are intended to provide a Cambridge, Massachusetts Fast Order Food Business Base Districts Higher Scale Mised-Use Office Base Districts Industrial Base Districts Commercial Base Zoning Districts Derelopment Division assessment Source: Food Permits and CDD Economie Allowed by Special Permit in Base Zone or PUD Fast Order Food Establishment (4.35-0) • Quick-Service Food Locations

Charles River NOT All locations approsimte. Maps are intended to provide a guaranteed to show even instance of a particular retal use type. general overview of busess locations across the city and are not Theaters Cambridge, Massachusetts Business Base Districts Higher-Scale Mixed-Use Office Base Districts Industrial Base Districts Commercial Base Zoning Districts Zoning Overlay, or PUD Allowed As-of-Right in Base Zone Source: License Commission data Allowed by Special Permit in Base Zone. licensed Theaters, Halls, and Music Venues • Theater or hall for public gatherings (4.35-h)

Charles River general overview of bosess locations across the cut and are not guaranteed to show ever instance of a particular retal use hope. NOT: All locations approsimate. Maps are intended to prosade a Cambridge, Massachusetts Entertainment Higher-Scale Mixed-U'se Office Base Districts Industrial Base Districts Business Base Districts Commercial Base Zoning Districts and Entertainment Allowed by Special Permit in PUD Allowed As-of-Right in Base Zone Source: License Commission dara Establishments Licensed for Alcohol Service are sold and consumed and where dancing and Bar or other establishment where alcoholic beverages place of entertainment (4.35-g) entertainment is provided. Dance hall or similar

025 guaranteed to show even instance of a particular retail use type. NOTE: All locations approximate. Maps are intended to provide a general oterview of business locations acroes the cay and are not Cambridge, Massachusetts Recreation and Fitness Business Base Districts Industrial Base Districts Higher-Scale Mixed-U'se Office Base Districts Commercial Base Zoning Districts Zoning Overlay, or PUD Allowed As-of-Right in Base Zone assessment Source: CDD Economic Derelopment Division Allowed by Special Permit in Base Zone. • For-profit Recreation Locations Commercial recreation (4.35-i)

Mile Chartes River NOTE: All locatioas approsimate. Maps are intended to provide a cuaranteed to show ever sastance of a particular retal use type. general overview of business locations across the city and are not Cambridge, Massachusetts Manufacturing with Retail Business Base Districts Industrial Base Districts Higher-Scale Mixed-U'se Office Base Districts Commercial Base Zoning Districts Fresh Pond Zoning Overlay, or PUD Bitician assessment or Packaging Allowed br Special Permit in Base Zone. Allowed As-of-Right in Base Zone or PUD Source: Food Permits and CDD Economic Development • Retail Food Locations with On-Site Manufacturing Place for the manufacturing, assembly or packaging of consumer goods [with sales on-premises] (4.35-b)

43 art/craft studios) to no retail allowed (exception: Western Ave, Observatory Hill, Huron Village) than others: Some districts are more restrictive • BA-1, BA-2, BA-3 (North Mass Ave, • High-intensity office districts - little City of Cambridge - Community Development Department always requires special permit) requires a special permit) July, 2020 Overall Issues • Commercial recreation (always others: Some uses are more restricted than • Entertainment (limited areas) • Fast order food (limited areas and

City of Cambridge - Community Development Department relies on variance process july, 2020 Overall Issues Non-conforming retail in residential districts: • Changes of use are not allowed -

City of Cambridge - Community Development Department activation is desired, it will require a broader range of uses in a more consistent way throughout City in zoning July, 2020 • Recognize that retail has moved beyond "shops" - where • Regulate "like" uses (e.g., food service, entertainment, recreation) Zoning Principles • Fill "gaps" where retail is present or desired but is more restricted

Example Uses Entertainment non-residential space or "SP" ground floor only or "Yes" Commercial Recreation, Some "No" → "Sp" Fast Order Food, Some "Sp" → "Yes" Fast Order Foodreation Change of use: "Sp» Limited types, only in Some "No" → "Yes" All types, potentially Approach City of Cambridge - Community Development Department Juiv, 2020 Potential Changes to Regulations Residential, Institutional Mass Ave, Western Ave, Observatory Hill, Huron Village) Neighborhood Business (North High-Intensity Office (Kendall, Harvard, Porter) Alewife, Memorial Drive) Example Areas Central Business (Central,

47 City of Cambridge - Community Development Department businesses (easier to open) control (hurdles to open) July, 2020 • More restrictive regulations give the City and residents more Key Considerations • More permissive regulations create opportunities for more

Environmental nuisance to neighbors - dust, odors, smoke, noise, light Delivery and loading operations Retail Considerations (proposed) character of the area Compatibility of façade with visual City of Cambridge - Community Development Department July, 2020 Special Permits particulars of the location or use, not generally true of the district or of the uses permitted in it, would cause granting of such permit to be to the detriment of the public interest because: Special permits will normally be granted where specific provisions of this Ordinance are met, except when Congestion, hazard, or change in Urban Design Objectives Nuisance or hazard to occupants or citizens Zoning requirements General SP Considerations (current) neighborhood character due to traffic Adverse effect on adjacent uses Integrity of district, intent of zoning

City of Cambridge - Community Development Department Part 3: Regulatory Burdens (Parking)

Low min/max High min/max Current Parking Requirements City of Cambridge - Community Development Department Retail Use Types Specialty Retail and Services General Retail, Personal Services Restaurants, Theaters, Recreation July, 2020 Parking Min/Max Varies by Use

51 parking for any non-residential use occupying space in an existing building. Additionally, do not require new Recommended Change City of Cambridge - Community Development Department Juiy, 2020 requirements in many cases (Section 6.32.1). Small business exemption provides relief from parking Simple Recommendation - Expand Relief Parking requirement waived for any non- spaces, in a building with up to 10,000 square feet total non-residential use. Current Zoning industrial district requiring up to 4 residential use in office, business, or

City of Cambridge - Community Development Department Recommendations Summary July, 2020

53 City of Cambridge - Community Development Department Recreation, Outdoor Activity Entertainment/Recreation, Temporary Outdoor Retail Craft Beverage, Fitness, Performing Arts Studio, Outdoor • Programming, Food Service, Entertainment, Allow certain accessory uses • Retail with assembly/manufacturing (% sales) New uses: Grocery Store, Food Stand/Kiosk, Food Hall, • Fast order food (seating, % takeout) • Alcohol and entertainment • Remove definitional limits on: • Define "Other Retail and Consumer Service" Summary of Recommendations Juiy, 2020 1. Retail Land Use • Define all uses consistently (eliminate footnotes) Definitions Category

City of Cambridge - Community Development Department entertainment, recreation) business, high-intensity office) Summary of Recommendations • Ease restrictions on some uses (e.g., fast order food, • Regulate more consistently by district type • Ease restrictions in some districts (e.g., neighborhood • Expand current exemption to waive new parking for any July, 2020 3. Regulatory 2. Retail Use Burdens (Parking) new use in an existing building Regulations Category

55 City of Cambridge - Community Development Department language July, 2020 Next Steps • Continued interdepartment review of draft zoning • Feedback from Economic Development Committee • Continued work on home-based businesses