CITY MANAGER’S AGENDA
1. A communication transmitted from Yi-An Huang, City Manager, relative to Policy Orders 2022 number 290 & 291 [Awaiting Report 22-82], regarding continuing the outdoor dining season and considering the extension of the reduced fee schedule. (CM22#228)
pulled by Zondervan; Placed on File 9-0

Nov 21, 2022
To the Honorable, the City Council:

In response to Policy Orders 2022 #290 & #291 from November 14 regarding reports on Outdoor Dining and permitting fees, please be advised of the following:

During the winters of 2020-21 and 2021-22 the City temporarily extended the outdoor season on the public way through the winter season for COVID relief and recovery. Cambridge was one of three municipalities in the region that we know of to have offered outdoor dining on the public way during the winter, with other cities ending operations in either November or December. Prior to COVID the City’s Outdoor Dining season on the public way has consistently been from April 1 - November 30.

There were a number of major challenges having patios out on the public way during these temporary winter extension periods.

The City absorbed the risk associated with big snowstorms and we were lucky that there were very few major snow events:

a. Having additional structures in the public right of way poses major challenges for our plow drivers, especially on longer duration storms. The cost of not being able to plow all the way back to the curb line and having to haul away snow is significant.

b. Difficulties clearing snow around the patios caused additional blockage of parking spaces adjacent to the patios, further exacerbating the parking loss.

c. Outdoor setups in the parking lane and sidewalks during the winter months cause additional ice hazards during freeze/thaw cycles.

d. During the 2020-21 and 2021-22 winters, we found the risk worth it, as the risk to small restaurants failing was a greater one.

Another major challenge was parking and other occupied but inactive public space:

e. In addition to general complaints about loss of parking throughout the year, we very specifically heard complaints about the use of the public way, including parking spaces, for empty patios that are not in use.

f. Surrounding small businesses and the public see the value in parking loss for the sake of outdoor dining - which benefits restaurants owners, the public, the general level of street activity, and the sense of place; however, the parking loss was harder to accept when these spaces are left occupied but not in use over the winter months, not providing any public benefit.

g. During the winter of 2021-22 we had over 80 restaurants who were granted a temporary extension and kept their patios on the public way throughout the winter. During that time period very few restaurants actively used their space, leaving most of these sidewalk and parking spaces occupied but unused.

For these reasons, and as stated in the reminder memo from DPW that went out to all restaurants on November 4, the City will not be extending its Outdoor Dining Season in the Public Way this winter. This timing is also in line with surrounding cities such as Somerville and Boston.

The removal of the unused patio materials will allow the beneficial use of the patio space for the public over the winter and removes obstacles to snow clearance. However, the City has issued eight exceptions at locations where the patio areas cannot be returned to general use. In these cases, pursuant to the City’s Indemnification Agreement, the City offered an exception to allow their secured structural materials (such as a raised platform and corral) to remain on the street from December 1, 2022, through March 31, 2023. The Permitted Outdoor Dining Area cannot be used for any food and alcohol service during this exception period. Five of these restaurants who were offered the exception are a part of the traffic lane shift in Central Square. The City intends to keep this traffic pattern for the foreseeable future. The additional three are located between a separated bike lane and the curb, precluding access to the area for parking or other purposes.

For establishments who are experiencing issues removing their patios by November 30, an extension of up to two weeks can be requested. The Permitted Outdoor Dining Area cannot be used for any food and alcohol service during this time period (beyond November 30). To request an extension, restaurants should contact Rob Linke at Public Works rlinke@cambridgema.gov / 617-349-9498.

With regard to reduction in licensing fees, the Board of License Commissioners voted to implement a one-time relief reduction for 2021 renewals, and a one-time recovery reduction for 2022. For 2023, renewals are proceeding as they did pre-pandemic:

• The license 2023 renewal campaign is well underway with a deadline of November 30 for all renewal applications.

• A significant number of restaurants have already submitted their applications and paid their fees.

• For reference, the License Commission alone saw an approximate revenue loss of $544,000 per year during the fee reduction time periods.

• Similarly, the permitting fees associated with restaurant permits issued by the Departments of Inspectional Services and Public Works will not be reduced for 2023.

The City is committed to supporting our businesses and continues to offer both operational and financial support including but not limited to:

• Establishing predictability by releasing the 2022-23 Outdoor Dining Policy which laid out the commitment of outdoor dining for 2022 and 2023 and committed to offering expanded space use (eg. parking spaces).

• Keeping fees low including the $250 per space fee allowing restaurants to utilize parking spaces in the public way.

• Offering jersey barriers free of charge. Which the City will begin removing on December 1, 2022, and then reinstalling beginning the last week of March 2023.

• Earlier this year, the City provided $10,000 ARPA-funded grants to 150 restaurants and cafes. This is in addition to the $4.8 million provided in previous rounds of CDBG-CARES ACT and Mayor Disaster Relief Funding in 2020-2021.

Finally, in addition to the business relief grants the City has provided throughout the course of the pandemic, the City will be releasing its fourth ARPA-funded small business grant which will offer the opportunity for reimbursements of patio infrastructure that was used on the public way. This will be a one-time grant in the amount of up to $2,500 which can be used for reimbursement of costs for outdoor dining materials, and architectural or engineering services related to the outdoor dining program. This grant will also be able to reimburse costs related to storage of outdoor dining material during the winter months. The grant criteria and eligibility will be similar to previous ARPA grants the City has offered and will be accepted on a rolling basis until June 9, 2023.

Very truly yours,
Yi-An Huang
City Manager

3. A communication transmitted from Yi-An Huang, City Manager, relative to Awaiting Report Item Number 21-90, regarding a request for various City departments in coordination with the Cambridge Redevelopment Authority to identify spaces in Central Square that would support the creation and protection of cultural and human services. (CM22#230)
pulled by Mallon; Placed on File 9-0

Nov 21, 2022
To the Honorable, the City Council:

In response to Awaiting Report (AR) #21-90, which requested various City departments in coordination with the Cambridge Redevelopment Authority to identify spaces in Central Square that would support the creation and protection of cultural and human services, please be advised of the following:

In response to AR #21-90 Nov 22, 2021, Cambridge Arts pursued and received a Technical Assistance grant from the Metropolitan Area Planning Council www.mapc.org to undertake a citywide comprehensive mapping and analysis of cultural infrastructure in partnership with the City of Boston, and the City of Somerville. [For this update, cultural infrastructure may mean buildings, assets, and places where culture is produced or consumed.]

Cambridge has experienced a loss of cultural space, not only bounded to Central Square, and is grappling with the challenge of how to better support artists, culture-bearers, and organizations to access the spaces they need to do their work, a problem only exacerbated by the COVID-19 pandemic. At the same time, innovative public-private partnerships have yielded state-of-the-art cultural venues such as the Foundry and 585 Arts in East Cambridge and Kendall Square, respectively. These new assets will increase Cambridge residents’ access to theater, outdoor performance spaces, makerspace, dance studios, and visual arts.

MAPC, in coordination with City staff, is collecting and researching Cambridge’s cultural infrastructure definitions, policies, and development practices with particular interest in the Central Square Cultural District. The data collection effort will build on existing arts organizations dataset and map that the Arts & Cultural Planning Director continues to update.

Cambridge Arts and the Arts & Cultural Planning Director will facilitate interviews with local cultural space operators including production and performance, representing a wide array of creative disciplines and typologies of space (e.g., dance studio operators, artist studios, light industrial, and makerspace operators, flexible community space operators). Interviews with local stakeholders such as BioMed Realty, Global Arts Live, Lemelson MIT, and the Cambridge Redevelopment Authority can also tell us about the conditions that attracted them to Cambridge and made their operations a success. These interactions will help the City understand the level of sustainability in business models, existing funding and capacity gaps, the precarity of operations, and audience/user demographics.

At the end of this regional collaboration, the City of Cambridge will have:

• A cross-municipal policy agenda with an actionable, streamlined approach to barriers;

• Cultural infrastructure action plan to guide development, use, enforcement, and preservation of cultural infrastructure

• ‘Good neighbor’ cultural space guidance for space operators and/or developers

• Specifications and a demo and/or prototype of a digital regional planning platform.

Given the regional scope and need for coordination, the estimated time for delivery is 18 months. We are currently at 20% of completion with preliminary research finalized. The next step will be in-depth community engagement in the form of surveys, focus groups, and interviews with the arts community. We aim to capture detailed information on existing cultural infrastructure - including spatial characteristics (location, sq. ft.), operational (types of activities, hours of operation, model of operation), access (cost, affordability, and access), and populations served.

The Cambridge Redevelopment Authority will be a key collaborator in the engagement process and will continue to be a thought partner as we develop policy and understand private development patterns in Cambridge.

Very truly yours,
Yi-An Huang
City Manager

Art Organizations in Cambridge, MA

4. A communication transmitted from Yi-An Huang, City Manager, relative to Awaiting Reports Items Numbered 16-111, 18-38, and 20-61, regarding Municipal Property Inventory. (CM22#231) [Report]
Pulled by Nolan; Charter Right - Zondervan

Nov 21, 2022
To the Honorable, the City Council:

Regarding Responses to the following Awaiting Reports:

• No. 16-111 of 12/12/16, Report on the potential of building below market rental housing on City-owned parking lots along Bishop Allen Drive;

• No. 18-38 of 3/26/18, Report on inventory and plans of all City-owned vacant buildings and lots; and

• No. 20-61 of 11/16/20, Report on an update on City-owned vacant properties inventory.

Please find attached report.

Very truly yours,
Yi-An Huang
City Manager

5. Transmitting Communication from Yi-An Huang, City Manager, relative to the appropriation of $200,000 from Free Cash to the Public Investment Fund Community Development Department Extraordinary Expenditures account to be used for professional services related to a Central Square area municipal property needs assessment and planning study. (CM22#232)
pulled by Carlone; Order Adopted 9-0

Nov 21, 2022
To the Honorable, the City Council:

I am hereby requesting an appropriation in the amount of $200,000 from Free Cash to the Public Investment Fund Community Development Department Extraordinary Expenditures account to be used for professional services related to a Central Square area municipal property needs assessment and planning study.

The City is preparing to hire a consultant to develop a municipal property needs assessment and planning study for City-owned property in and around Central Square. The study will identify how the City can best leverage our properties to support municipal services and advance City priorities which are based on prior studies such as the C2 Plan, priorities which have been articulated by the City Council, and City needs.

The scope of the project will include the following:

• documenting what facilities will be needed in the next 5 to 15 years for achieving the City’s programmatic and service goals

• analyzing how the City’s existing facilities and properties can accommodate those needs;

• quantifying the gap between our needs and existing facilities; and

• developing an action plan with recommendations to address future needs.

The assessment of municipal needs will include interviews with key departments; an inclusive public engagement process; and draw on recently completed studies. The study will help determine which sites are appropriate for certain types and scale of development and consider compatible uses when feasible and appropriate. It will result in a comprehensive assessment of current municipal property in the Central Square area and possible future options to best serve the longer-term needs of the Cambridge community.

Very truly yours,
Yi-An Huang
City Manager

6. A communication transmitted from Yi-An Huang, City Manager, relative to the City of Cambridge resuming the use of the city-owned water supply on Nov 19, 2022. (CM22#233)
pulled by Nolan; Placed on File 9-0

Nov 21, 2022
To the Honorable, the City Council:

The City of Cambridge will resume using the city-owned water supply on November 19, 2022. Cambridge temporarily switched to Massachusetts Water Resource Authority (MWRA) water on August 30, 2022, as a precautionary measure due to concerns about above-average Per- and Polyfluoroalkyl Substances (PFAS6) levels in Cambridge water and supply chain delays for receiving the city’s new Granular Activated Carbon (GAC) filter media, which is proven to remove PFAS6 compounds from water. Earlier this month, contractors began installing new GAC media at the Walter J. Sullivan Water Treatment Facility, and as a result, the current PFAS6 levels in the treated water from city-owned water reservoirs are now equivalent to MWRA water quality regarding the PFAS6 compounds.

Cambridge’s finished water PFAS6 level in August, before the installation of the new media, was 17.1ppt. With the new GAC filter media installed, the Cambridge Water Departments PFAS6 level is now under 5ppt with only two of the six filters completed. The city expects continued reductions in PFAS levels as GAC media is installed in the remaining filters. in two of the six filters, the combined total of all PFAS6 compounds in treated water from these filters is now at a non-detect level. The city expects continued reductions in PFAS levels in the treated water as GAC media is installed in the remaining filters over the next two months.

Cambridge treats its water by using a series of processes, including pretreatment utilizing Dissolved Air Flotation to remove naturally-occurring organics and suspended solids; primary disinfection with Ozone to disinfect the water and inactivate viruses and bacteria; filtration with GAC filter media to further remove any organics and particles in the water as well as PFAS6; followed by secondary disinfection with Chloramines to ensure that the water in the distribution system is free of bacteria and viruses. Moving forward, more frequent GAC media replacement will be incorporated in the water treatment plants preventative maintenance practices to ensure continued effective removal of PFAS from our drinking water.

Cambridge continuously tests its water to ensure compliance with US Environmental Protection Agency and Massachusetts Department of Environmental Protection regulations and typically surpasses all regulations. Additionally, the Cambridge Water Department has an on-site certified laboratory that tests many water quality parameters to optimize its treatment performance and water quality. Annually, all water users in the city receive a detailed water quality report by mail in June.

The temporary switch to MWRA water cost the city approximately $7 million, and the newly installed GAC filter media cost $1.5 million.

The community can find more information about PFAS or the Cambridge Water Department, by visiting https://www.cambridgema.gov/Water. And for more information about reporting for PFAS please go to https://www.mass.gov/doc/how-to-interpret-my-pfas-laboratory-report/download

Very truly yours,
Yi-An Huang
City Manager

2. An Ordinance has been received, relative to Reevaluation of Housing Contribution Rate, Incentive Zoning Petition, Section 11.202 (d) of Article 11.000 entitled SPECIAL REGULATIONS, Ordinance #2022-18, as amended. [Passed to 2nd Reading Oct 31, 2022; To Be Ordained on or after Nov 21, 2022] (ORD22#18)
pulled by Zondervan; Ordained as Amended 9-0

Amended Version Ordained 9-0

Incentive Zoning Petition, Section 11.202 (d) of Article 11.000 entitled SPECIAL REGULATIONS, Ordinance #2022-18, as amended

11.202

(d) Reevaluation of Housing Contribution Rate. The City shall initiate a reevaluation of the Housing Contribution Rate and any other aspect of these Incentive Zoning Provisions at an interval of no less than three (3) years from the time the previous reevaluation Housing Contribution Rate report first appeared on a City Council regular meeting agenda. Such reevaluation shall include a report provided to the City Council reviewing economic factors including but not limited to development activity, commercial rents per square foot, employment growth, housing trends measured in terms of, but not limited to, vacancy rates, production statistics, and prices for dwelling units, and the nexus between Incentive Projects and housing.

3. The Government Operations, Rules & Claims Committee met on Oct 25, 2022, to discuss potential changes to the City Council Rules. The Committee voted favorable to recommend several amendments to the Rules of the City Council related to Rule 15, Rule 21(resulting in Rule 21, 21A and 21B), Rule 22, Rule 24B, Rule 24C.1b, Rule 27-Economic Development and University Relations Committee, Rule 27-Housing Committee, Rule 27-Civic Unity Committee, Rule 32 (adding new Rule 32D), Rule 38.8, and adding a new Rule 40.1. The Committee also voted favorably to replace “he” and “she” with gender neutral language. Rule 36B. No amendments or additions to the rules may be enacted until at least seven days have elapsed from the date of the submission of the proposed changes or additions and require a majority vote of the entire membership of the City Council.
pulled by Mallon; Orders #1-6, #8-14 Adopted 9-0; Order #7 Adopted 8-1 (Zondervan - NO)

RESOLUTIONS
1. Congratulations to Deputy Superintendent Rick Riley on his retirement from the Cambridge Police Department.   Councillor Toner

R-1     Nov 21, 2022
COUNCILLOR TONER

WHEREAS: Deputy Superintendent Rick Riley will be retiring from the City of Cambridge, joining the Cambridge Police Department in 1993 and most recently overseeing Day Operations; and

WHEREAS: Deputy Riley has served in a Supervisor capacity for nearly 20 years in a variety of units, including Technical Services, Crime Analysis, Training and Certification, and Traffic Enforcement, where he was part of the Vision Zero Working Group dedicated to implementing change to reduce death and serious bodily injury crashes and increasing safe, healthy and equitable mobility for all street users; and

WHEREAS: Deputy Riley has been the recipient of many awards over the course of his career, including the Henry Dumas Memorial Award for his efforts in bringing GOAL-NE (Gay Officers Action League of New England) training to the Cambridge Police Department in 2011 and helping to expand the program to include the Harvard University and MIT Police Departments as well as the Cambridge Fire Department; and

WHEREAS: Rick is a proud and loving husband and father to his two children and looks forward to spending more time with them and pursuing future opportunities that can best apply his various skills and interests; now therefore be it

RESOLVED: That the City Council go on record thanking Deputy Superintendent Rick Riley for his committed service to the City of Cambridge and its residents; and be it further

RESOLVED: That the City Clerk be and hereby is requested to provide a suitably engrossed copy of this resolution to Deputy Superintendent Rick Riley on behalf of the entire City Council.

TEXT OF ORDERS
O-1     Nov 21, 2022
VICE MAYOR MALLON
ORDERED: That the Rules of the City Council be amended by substitution to replace Rule 21 with the following language:
Rule 21.
All matters of whatever description, except Applications and Petitions, which require action by the City Council at its meeting shall be presented to the City Clerk by 12:00pm on the Thursday preceding the regular meeting. During a week in which a legal holiday falls on a Friday, said matters shall be presented to the City Clerk by 12:00pm on the Wednesday preceding the regular meeting. Communications submitted later will be held over for the next regular meeting, except that where the City Manager believes that emergency or exigent circumstances require him or her to present to the City Council a matter which was not presented to the City Clerk by the 12:00pm deadline, the City Manager may present such matters to the City Council at its meeting in writing as part of a Supplemental Agenda of the City Manager.

O-2     Nov 21, 2022
VICE MAYOR MALLON
ORDERED: That the Rules of the City Council be amended by adding Rule 21A to read: Applications and Petitions which require action by the City Council at its meeting shall be presented to the City Clerk by 3:00pm on the Wednesday preceding the regular meeting. During a week in which a legal holiday falls on a Friday, said matters shall be presented to the City Clerk by 3:00pm on the Tuesday preceding the regular meeting. Applications and Petitions submitted later will be held over for the next regular meeting.

O-3     Nov 21, 2022
VICE MAYOR MALLON
ORDERED: That the Rules of the City Council be amended by adding Rule 21B to read:
In the event of City Hall closure the City Clerk, after consultation with the City Manager, may change the deadlines accordingly for when matters must be presented to the City Clerk for inclusion on the agenda.

O-4     Nov 21, 2022
VICE MAYOR MALLON
ORDERED: That the Rules of the City Council, Rule 22 be amended by adding “The City Clerk shall include with the minutes of the meeting any Communications from the public that were received at the meeting during Public Comment.” at the end.

O-5     Nov 21, 2022
VICE MAYOR MALLON
ORDERED: That the Rules of the City Council, Rule 24B be amended to strike the words “not limited to” from the first sentence and replace them with “no more than”.

O-6     Nov 21, 2022
VICE MAYOR MALLON
ORDERED: That the Rules of the City Council, Rule 27, Economic Development and University Relations Committee be amended by substitution to read as follows:
ECONOMIC DEVELOPMENT AND UNIVERSITY RELATIONS COMMITTEE
• A committee of five City Councillors – the quorum shall be three members.
Purposes - To consider all issues regarding the relationship between the city, educational institutions, employers, business associations, and other partners within the city, to develop policies and programs that will enhance economic development, tax revenue and expand career and employment opportunities for Cambridge residents;
• To develop policies that will facilitate the regular and timely exchange of information between educational institutions, employers, business organizations, and other partners in the community, and the city administration and City Council, and monitor implementation of agreed-on policies and programs;
• To review and evaluate agreements between the city and institutions for payments made by institutions in lieu of property taxes (PILOT), develop policies to ensure that the agreements are fair and equitable, and monitor implementation;
• To monitor and improve existing employment, diversity of opportunity, career and workforce development programs.

O-7     Nov 21, 2022
VICE MAYOR MALLON
ORDERED: That the Rules of the City Council, Rule 27, Housing Committee be amended to delete the language in the first bullet and replace it with the following language:
• To develop policies for the maintenance and development of housing, with an emphasis on affordable housing.

O-8     Nov 21, 2022
VICE MAYOR MALLON
ORDERED: That the Rules of the City Council, Rule 27, Civic Unity Committee be amended to add a new bullet under purposes, at the end to read:
• This committee shall strive to work towards promulgating policies, practices, and procedures that promote Equity, Inclusion, and Diversity throughout our community.

O-9     Nov 21, 2022
VICE MAYOR MALLON
ORDERED: That the Rules of the City Council be amended to add Rule 32D to read: Rules for Public Comment should be posted in a visible and prominent place both in person and online for the benefit of those wishing to participate in Public Comment.

O-10     Nov 21, 2022
VICE MAYOR MALLON
ORDERED: That the Rules of the City Council, Rule 38 (8) be amended to add a new sentence at the beginning of Rule 38.8 to read: Every person addressing the City Council should speak into the microphone and should state the person’s name and address in an audible tone of voice for the record.

O-11     Nov 21, 2022
VICE MAYOR MALLON
ORDERED: That the Rules of the City Council be amended to add Rule 40.1 to read: HOME RULE PETITIONS, Rule 40. 1. That Home Rule Petitions are sent to the entire Cambridge delegation.

O-12     Nov 21, 2022
VICE MAYOR MALLON
ORDERED: That the rules of the City Council be amended by removing the words “he” and “she” and replacing them with gender neutral language.

O-13     Nov 21, 2022  Amended
VICE MAYOR MALLON
ORDERED: That the Rules of the City Council, Rule 24C.1b be amended by substitution to read:
Procedure: An individual may signup to speak before the City Council on-line via the City’s website from 9:00am on the Friday before the meeting until 6:00pm the day of the meeting or via telephone to the City Council office on the day of the meeting from 9:00am to 5:00pm. On the day of the meeting, between 5:00pm and 6:00pm, a computer terminal will be available to the public in the City Council Office for online signup. There will also be a signup sheet in the Council Chamber from 5:00pm until 6:00pm on the day of the meeting. There will be in-person assistance for those who need help signing up. The individual should indicate on the signup sheet their name, address, and which item(s) they are planning to address. Individuals will be heard in the order that they signed up whether they are participating in person or remotely.

O-14     Nov 21, 2022
VICE MAYOR MALLON
ORDERED: That the Rules of the City Council, Rule 15 be amended by substitution to read: Rule 15. When a question is put, every member present shall vote yes, no or present and their vote shall be accepted by the chair and so recorded. A member that is recusing themselves from voting shall announce that they are recusing themselves prior to any discussion or deliberation of the matter and shall state the reason for recusal (a conflict of interest or to avoid the appearance of a conflict of interest). A member that has recused themselves shall not participate in the discussion while the matter is being deliberated and if present shall leave the Council Chamber or if participating remotely shall turn off their microphone and video during discussion and deliberation on the matter. Their recusal shall be accepted by the chair and so recorded.

O-15     Nov 21, 2022  Amended (Toner)
COUNCILLOR AZEEM
COUNCILLOR MCGOVERN
COUNCILLOR SIMMONS
COUNCILLOR ZONDERVAN
WHEREAS: The Affordable Housing Overlay (AHO) has so far generated a healthy pipeline of six projects since it was first ordained in 2020; and
WHEREAS: Though there is much to celebrate about the work that has been done, two years of implementation have also revealed that the somewhat inflexible dimensional requirements of the AHO have proven to be more of an obstacle than expected; and
WHEREAS: The recent annual report revealed ten instances where affordable housing providers “decided not to pursue” and four instances where they actually made an offer but it was rejected; and
WHEREAS: The proposal to build 49 affordable units at 2072 Mass Ave was not able to take advantage of the AHO and was withdrawn in August 2021 after it became apparent that a feasible version of the project wouldn’t be approved under 40B; and
WHEREAS: It is clear that some refinements to the AHO would result in more new affordable housing and fewer missed or stalled opportunities; and
WHEREAS: Offering substantially relaxed dimensional requirements on a citywide network of corridors and squares will allow more projects to advance, especially considering the recent linkage fee increase; and
WHEREAS: Permitting additional height when green area open space is protected or expanded will add flexibility and expand options around providing such space without sacrificing any affordable housing production; and
WHEREAS: The active affordable housing developers in Cambridge are in agreement that these changes will make a big difference; now therefore be it
ORDERED: That the City Council refer the attached zoning petition to the Ordinance Committee and Planning Board Housing and Neighborhood & Long-Term Planning, Public Facilities, Arts & Celebrations Committees for a hearing and report.

11.207.5.1 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 (with the exception of this Affordable Housing Overlay) that are applicable to a lot.

(b) District Dimensional Standards shall include the most permissive standards allowable on a lot, whether such standards are permitted as-of-right or allowable by special permit. A District Dimensional Standard that is allowable by special permit shall include any non discretionary requirements or limitations that would otherwise apply.

(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, except as otherwise stated in this Section.

(d) For the purposes of this Section, the phrase “AHO Corridor” refers to Albany Street, Alewife Brook Parkway, Bishop Allen Drive, Broadway, Cambridge Street, Concord Avenue, First Street, Fresh Pond Parkway, Massachusetts Avenue, Memorial Drive, Mount Auburn Street, Prospect Street, and Sidney Street. For the purposes of this Section, the phrase “AHO Corridor Project” shall mean an AHO Project on one or more directly abutting Lots owned by the same entity, where at least one of the Lot Lines abuts an AHO Corridor.

(e) For the purposes of this Section, the phrase “AHO Square” refers to the Central Square, Harvard Square and Lesley Porter Overlay Districts, as well as any Lot or directly adjacent Lots owned by the same entity, where at least one of the Lot Lines abuts the northern side of Massachusetts Avenue or Somerville Avenue between Davenport and the city border (just west of Acadia Park), or either Webster Avenue or Columbia Street, north of Cambridge Street.

11.207.5.2 Dimensional Standards for AHO Projects

11.207.5.2.1 Building Height and Stories Above Grade. For an AHO Project, the standards set forth below shall apply in place of any building height limitations set forth in the District Development Standards.

(a) Where the District Dimensional Standards set forth a maximum residential building height of forty (40) feet or less, an AHO Project shall contain no more than four (4) Stories Above Grade and shall have a maximum height of forty-five (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 fifty (50) feet but the number of Stories Above Grade shall not exceed four (4) stories.

(b) Where the District Dimensional Standards set forth a maximum residential building height of more than forty (40) feet but not more than sixty-five (65) fifty (50) feet, an AHO Project shall contain no more than nine (9) six (6) Stories Above Grade and shall have a maximum height of one hundred (100) sixty-five (65) feet, as measured from existing Grade, except as further limited below. For AHO Projects containing active non-residential uses on the ground floor, the maximum height may be increased to seventy (70) feet but the number of Stories Above Grade shall not exceed six (6) stories.

(i) Except where the AHO Project abuts a non-residential use, portions of an AHO Project that are within thirty-five (35) feet of a parcel subject to paragraph (a) district whose District Dimensional Standards allow a maximum residential building height of forty (40) feet or less (a) shall be limited by the provisions of Paragraph (a) above, except that if the AHO project parcel extends into that District, then the height limitation shall only extend thirty-five (35) feet from the property line.

(c) Where the District Dimensional Standards set forth a maximum residential building height of more than sixty-five (65) fifty (50) feet, or if the project is an AHO Corridor Project, an AHO Project shall contain no more than thirteen (13) seven (7) Stories Above Grade and shall have a maximum height of one hundred and fifty (150) eighty (80) feet, as measured from existing Grade, except as further limited below.

(d) An AHO Square Project shall have a maximum height of twenty-five (25) stories, or two hundred and eighty (280) feet, except as further limited below.

(e) (d) The Height Exceptions set forth in Section 5.23 of this Zoning Ordinance shall apply when determining the building height of an AHO Project.

(f) For an AHO Project with more than one base zoning district, the base zoning district that covers the majority of the lot shall apply.

11.207.5.2.2 Residential Density

(a) Where the District Dimensional Standards establish a maximum floor area ratio (FAR) of less than 1.00, an AHO Project shall not exceed an FAR of 2.00. Otherwise, there shall be no maximum FAR for an AHO Project. There shall be no maximum FAR for AHO Square or AHO Corridor projects.

11.207.5.2.3 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 Ordinance.

(b) Front Yards. An AHO Project shall have a minimum front yard setback of 15 feet, except where the District Dimensional Standards establish a less restrictive requirement, or may be reduced to the average of the front yard setbacks of the four (4) nearest pre-existing principal buildings that contain at least two Stories Above Grade and directly front the same side of the street as the AHO Project, or may be reduced to a minimum of ten (10) feet in the case of an AHO Project on a corner lot. Where the District Dimensional Standards set forth different requirements for residential and non-residential uses, the non-residential front yard setback requirement shall apply to the entire AHO Project if the Ground Story contains a non-residential use as set forth in Section 11.207.4 Paragraph (b) above; otherwise, the residential front yard setback shall apply. no minimum front yard setback requirement.

(c) Side Yards. An AHO Project shall have a minimum side yard setback of seven and one-half (7.5) two and one half (2.5) feet, or may be reduced to the minimum side yard setback set forth in the District Dimensional Standards for residential uses that is not derived by formula if it is less restrictive. no minimum side yard setback requirement.

(d) Rear Yards. An AHO Project with a height of less than 4 stories or 45 feet, shall have a minimum rear yard setback of fifteen (15) twenty (20) feet or may be reduced to the minimum rear yard setback set forth in the District Dimensional Standards for residential uses that is not derived by formula if it is less restrictive. For all other AHO projects, no minimum rear yard setback is required.

(e) Projecting eaves, chimneys, bay windows, balconies, open fire escapes and like projections which do not project more than three and one-half (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 but no closer than seven and one-half (7.5) feet to an existing principal residential structure on an abutting lot.

11.207.5.2.4 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 thirty percent (30%). However, the minimum percentage of open space to lot area may be reduced to no less than fifteen percent (15%) if the AHO Project includes the preservation and protection of an existing building included on the State Register of Historic Places.

(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) All of the required open space that is located at grade shall meet the definition of Permeable Open Space as set forth in this Zoning Ordinance.

(d) 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, except that up to twenty five percent (25%) of the required open space may be located at higher levels, such as balconies and decks, only if it is accessible to all occupants of the building.

(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.

(f) In any AHO project where pre-existing contiguous Green Area Open Space will be preserved and/or expanded, or new Green Area Open Space will be created, in excess of what would otherwise be required for the project, including through consolidation and/or relocation of some portion of the Green Area Open Space to another part of the lot, without reducing the size of any contiguous portion, the project may exceed the applicable height limit without restriction, provided that the maximum possible FAR for the lot shall not be exceeded. If the AHO project is not subject to an FAR restriction, the effective FAR not to be exceeded under this provision shall be calculated using the dimensional requirements that apply to the AHO project, including the original height restriction and open space requirements.

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Note: The following proposed amendment to (f) by Azeem Failed of Adoption 4-5 (BA,MM,DS,QZ - YES; DC,AM,PN,PT,SS - NO)

(f) In any AHO project where (a) pre-existing contiguous Green Area Open Space will be preserved and/or expanded in an amount representing 5% or more of the total lot area, including through consolidation and/or relocation of some portion of the Green Area Open Space to another part of the lot, without reducing the size of any contiguous portion or (b) the total Open Space will exceed the minimum amount required for the project, the project may exceed the applicable height limit without restriction, provided that the maximum possible FAR for the lot shall not be exceeded. If the AHO project is not subject to an FAR restriction, maximum gross floor area shall be calculated based on the lot area less the portion of the lot area required to be open space under the AHO multiplied by the maximum number of stories otherwise applicable under the AHO.

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Memo from Azeem, McGovern, Simmons, Zondervan

To the Honorable, the City Council:

Please find enclosed the following resources.

1. AHO pipeline as stands in November 2022

2. Map of envisioned AHO Corridor network

3. Map of envisioned AHO Square network

4. Map showing both AHO Corridors and AHO Squares at once

We hope that they will be helpful as we begin a discussion of amending the Affordable Housing Overlay.

1. AHO Pipeline (as of November 2022):

Project	Developer	Net new units	Type	Status
New Street	JAS	107	Acquisition	Process complete
Jefferson Park	CHA	103	Existing parcel	Process complete
Sacred Heart	POAH	46	Acquisition	Process complete
116 Norfolk	CHA	25	Existing parcel	Process complete
Walden Square 2	Winn	96	Existing parcel	Process stalled
1627 Mass Ave	HRI	TBD	Acquisition	Upcoming

2. Map of the envisioned network of AHO Corridors:

3. Map of the envisioned network of AHO Squares:

4. Map showing both the AHO Corridors and AHO Squares:

O-16     Nov 21, 2022
MAYOR SIDDIQUI
VICE MAYOR MALLON
COUNCILLOR SIMMONS
COUNCILLOR MCGOVERN
WHEREAS: The Envision Cambridge Housing recommendations cite a goal to “Maintain and expand affordable rental and homeownership opportunities to enable Cambridge to thrive as a mixed-income community that includes very low-, low-, moderate, and middle-income individuals and families”; and
WHEREAS: According to the Envision Dashboard, Cambridge already is falling behind in the category of “Share of Low- to Middle-Income Households”; and
WHEREAS: Workforce Housing Special Tax Assessment Zones (WH–STA) are intended to encourage and facilitate the development of middle-income housing; and
WHEREAS: Under G.L. c. 40, sec. 60B, cities and towns may, through their respective legislative bodies, provide for a WH–STA Zone to encourage and facilitate the increased development of middle-income housing; and
WHEREAS: The WH-STA Zone is an area in which the City identifies opportunities for increased development of middle-income housing and provides property tax relief to developers during construction and for up to five years, in exchange for all units being rented at a pre-established rate targeting middle-income renters; and
WHEREAS: The WH–STA plan may exempt owners from property taxes during a 3–year stabilization period following construction; provided, that the exemption may be up to 75 per cent of property taxes during a first year of stabilization, up to 50 per cent of property taxes during a second year of stabilization, and up to 25 per cent of property taxes during a third year of stabilization; now therefore be it
ORDERED: The City Manager be and hereby is requested to work with the Finance and Assessing Departments to determine how the City could adopt G.L. c. 40, sec. 60B, created under the Municipal Modernization Act, which allows cities and towns, through their respective legislative bodies, to provide for Workforce Housing Special Tax Assessments Zones (WH–STA) as an incentive to create middle-income housing and report back to the City Council in a timely manner.

O-17     Nov 21, 2022
MAYOR SIDDIQUI
ORDERED: That the City Council schedule a Roundtable on Mon, Dec 12, 2022, from 5pm - 7pm to receive an update on Open Space Planning and Programming including the Public Space Lab.

O-18     Nov 21, 2022
COUNCILLOR CARLONE
ORDERED: That the memo from Charles Sullivan regarding Comments on Citizen’s Petition to Amend Ch. 2.78, Article III, Neighborhood Conservation Districts and Landmarks and the memo from Charles Sullivan regarding the Proposed Friendly Amendments to Ch. 2.78, Art. III be forwarded to the full City Council with the recommendation to refer said memos to the Ordinance Committee for further discussion.