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ORDINANCE NO. 2024-5 – FIRST PUBLICATION
CITY OF CAMBRIDGE
In the Year Two Thousand and Twenty-Four
AN ORDINANCE
That the Zoning Ordinance of the City of Cambridge be amended on a Zoning Petition by the Cambridge City Council to amend the Cambridge Zoning Ordinance in Articles 2.000, 4.000, and 6.000 as follows for the purpose of allowing greater flexibility for property owners to make more efficient use of existing underutilized Off Street Parking Facilities and vacant lots to serve parking needs in areas where on-street parking is limited.
Amendments to Article 2.000 – Definitions
Add the following definition:
Flexible Parking Corridor. A street or street segment with a set of modified off street parking regulations set forth in Section 6.25 of this Zoning Ordinance, intended to allow for the more efficient and flexible use of Off Street Parking Facilities through the relaxation of certain zoning limitations.
Amendments to Article 4.000 – Use Regulations
Add footnotes 64 and 65 to 4.30 Table of Use Regulations to read as follows:
Add footnotes 64 and 65 to 4.40 Footnotes to the Table of Use Regulations to read as follows:
| 64. | Except as provided in Section 6.25 Flexible Parking Corridor Regulations. |
| 65. | Permitted as-of-right on a lot owned by the City of Cambridge. |
Amendments to Article 6.000
Add Section 6.25 – Flexible Parking Corridor Regulations to read as follows:
6.25 Flexible Parking Corridor Regulations. The parking regulations of this Zoning Ordinance may be modified as set forth in this Section 6.25.
6.25.1 Intent . It is the intent of this Section 6.25 to allow greater flexibility for the use of existing underutilized Off Street Parking Facilities and vacant lots to serve parking needs in areas where on-street parking is limited.
6.25.2 Applicability . The provisions of this Section shall apply to any Lot, as defined in Article 2.000, that directly abuts one or more of the following streets or street segments. Such lot must also have existing curb cut access and must either contain principal or accessory parking facilities in existence on the date of adoption of this Section 6.25 or be a vacant lot on which all buildings or land have been abandoned or not used since no later than 2 years before such date of adoption.
Flexible Parking Corridors:
| · | Aberdeen Avenue between Huron Avenue and Mount Auburn Street |
| · | Acorn Park Drive |
| · | Ames Street |
| · | Belmont Street between the City Line and Mount Auburn Street |
| · | Bennett Street |
| · | Binney Street between the Grand Junction Corridor and Land Boulevard |
| · | Bow Street between Massachusetts Avenue and Dewolfe Street |
| · | Brattle Street |
| · | Broadway |
| · | Brookline Street between Granite Street and Massachusetts Avenue |
| · | Cambridge Street |
| · | Cambridgepark Drive west of Steel Place |
| · | Concord Avenue between Blanchard Road and Birch Street |
| · | Dewolfe Street between Bow Street and Memorial Drive |
| · | Eliot Street |
| · | First Street between Cambridge Street and Binney Street AND between Athenaeum Street and Main Street |
| · | Franklin Street between Western Avenue and Magazine Street |
| · | Galilei Way |
| · | Garden Street between Huron Avenue and Massachusetts Avenue |
| · | Granite Street between Pearl Street and Brookline Street |
| · | Hampshire Street |
| · | Huron Avenue between Grove Street and Concord Avenue |
| · | JFK Street between Eliot Street and the City Line |
| · | Kirkland Street between Oxford Street and the City Line |
| · | Magazine Street between Franklin Street and Massachusetts Avenue |
| · | Main Street |
| · | Massachusetts Avenue |
| · | Mount Auburn Street |
| · | Museum Way |
| · | New Street between the Danehy Park Driveway and Fresh Pond Mall property line |
| · | North First Street |
| · | Peabody Street |
| · | Pearl Street |
| · | River Street |
| · | Somerville Avenue |
| · | Steel Place between Alewife Station Access Road and Cambridgepark Drive |
| · | Sidney Street Extension |
| · | Third Street between Binney Street and Broadway |
| · | Quincy Street between Kirkland Street and Harvard Street |
| · | University Road between Mount Auburn Street and Bennett Street |
| · | Vassar Street |
| · | Waverly Street between Brookline Street and Henry Street |
| · | Webster Avenue |
| · | Western Avenue |
6.25.3 Relaxation of Requirements. Notwithstanding the requirements otherwise applicable in the zoning district or set forth elsewhere in this Article 6.000, a lot meeting the criteria in Subsection 6.25.2 above may be used in the following ways. Except as provided in this Section 6.25, all other applicable requirements of this Zoning Ordinance shall be in effect.
(a) Commercial Parking. Parking spaces may be used as-of-right as Commercial Parking Spaces as defined in Chapter 10.16 of the Cambridge Municipal Code, provided that they comply with the applicable provisions of Chapter 10.16.
(b) Shared Parking. Parking spaces may be used as-of-right to serve principal uses located on other lots that abut any one or more of the Flexible Parking Corridors listed in Subsection 6.25.2. The requirements for control of off-site parking facilities in Section 6.23 shall not apply.
6.25.4 Limitations.
(a) Where existing parking facilities are used, no more than the number of spaces in existence as of the date of adoption of this Section 6.25 may be used as set forth in Subsection 6.25.3. Modifications to the existing parking facility may be permitted if they do not further violate any standards of Section 6.40 Design and Maintenance of Off Street Parking Facilities.
(b) On a vacant lot, parking may be provided temporarily for a period of no more than two years, in which case it shall not be subject to the standards for Design and Maintenance of Off Street Parking Facilities in Section 6.40, but must conform to the minimum standards set forth below.
1. Signage containing the following information must be visibly displayed on the lot:
i. Name and contact information of either the owner or the lessee (if the lot is leased to no more than one entity).
ii.Contact Information for any contracted tow company.
iii.An indication of who is allowed to park in the lot. For example, “Parking allowed only by permission of the owner” or “Parking for customers of [Business Name] only.”2. Only the existing curb cut access may be used, and may not be enlarged.
3. A barrier or barriers (such as a curb stop or fence) must be installed along the perimeter sufficient to prevent parked vehicles from encroaching into the street or sidewalk and to prevent vehicles from entering or exiting the lot anywhere other than via the existing curb cut.
(c) A vacant lot may be used as parking for more than two years only if it is designed and maintained to conform with the standards in Section 6.40.
(d) The requirements of the Parking and Transportation Demand Management Ordinance, where applicable, shall be met. All new parking spaces created shall be registered with the Cambridge Traffic, Parking and Transportation Department per Section 10.18.040.
Passed to a second reading at the City Council
meeting held on December 2, 2024 and on or after
December 23, 2024 the question comes on passage
to be ordained.
Attest:- Diane P. LeBlanc
City Clerk
ORDINANCE NO. 2024-6 – FIRST PUBLICATION
CITY OF CAMBRIDGE
In the Year Two Thousand and Twenty-Four
AN ORDINANCE
In amendment to the Ordinance entitled “Cambridge Municipal Code”
That the Municipal Code of the City of Cambridge be amended in Chapter 10.18 entitled “Parking and Transportation Demand Management Planning; Parking Space Registration” as follows:
Amendments to Section 10.18.050 – Parking and Transportation Demand Management Plans
Amend Section 10.18.050(b) to read as follows:
(b) The PTDM requirements of this Chapter shall apply to each of the following, unless the facility is exempt under 10.18.100:
(i) any commercial parking facility for which a certificate of occupancy or operating license, variance or special permit was not obtained prior to the effective date of this chapter;
(ii) an existing commercial parking facility at which the number of parking spaces is increased after the effective date of this chapter;
(iii) any parking facility at which the use of existing or permitted parking spaces is changed to commercial use after the effective date of this chapter;
(iv) any new project to build or create by change of use twenty or more non-residential parking spaces; and
(v) any new project to expand an existing parking facility resulting in a total number of non-residential parking spaces of twenty (20) or more.
Amendments to Section 10.18.070 – Requirements Applicable to Small Projects
Amend Section 10.18.070 to read as follows:
The owner or operator of each Small Project, except those exempt from these requirements under 10.18.100, shall implement at least three (3) PTDM measures and maintain records of such implementation. A list of acceptable types of measures may be obtained from the Traffic, Parking and Transportation Department, the Inspectional Services Department, the Community Development Department, or the License Commission. The Planning Officer shall create and periodically update this list, which shall include: T-pass subsidies; bicycle parking; changing facilities; carpools/vanpools; financial incentives not to drive alone; or other similar measures.
Creation of Section 10.18.100 – Flexible Parking Corridors
Create a new Section 10.18.100 to read as follows:
10.18.100 – Flexible Parking Corridors.
(a) The provisions of this Section shall apply to any Parking Facility located on a lot that directly abuts one or more of the following streets or street segments:
| · | Aberdeen Avenue between Huron Avenue and Mount Auburn Street |
| · | Acorn Park Drive |
| · | Ames Street |
| · | Belmont Street between the City Line and Mount Auburn Street |
| · | Bennett Street |
| · | Binney Street between the Grand Junction Corridor and Land Boulevard |
| · | Bow Street between Massachusetts Avenue and Dewolfe Street |
| · | Brattle Street |
| · | Broadway |
| · | Brookline Street between Granite Street and Massachusetts Avenue |
| · | Cambridge Street |
| · | Cambridgepark Drive west of Steel Place |
| · | Concord Avenue between Blanchard Road and Birch Street |
| · | Dewolfe Street between Bow Street and Memorial Drive |
| · | Eliot Street |
| · | First Street between Cambridge Street and Binney Street AND between Athenaeum Street and Main Street |
| · | Franklin Street between Western Avenue and Magazine Street |
| · | Galilei Way |
| · | Garden Street between Huron Avenue and Massachusetts Avenue |
| · | Granite Street between Pearl Street and Brookline Street |
| · | Hampshire Street |
| · | Huron Avenue between Grove Street and Concord Avenue |
| · | JFK Street between Eliot Street and the City Line |
| · | Kirkland Street between Oxford Street and the City Line |
| · | Magazine Street between Franklin Street and Massachusetts Avenue |
| · | Main Street |
| · | Massachusetts Avenue |
| · | Mount Auburn Street |
| · | Museum Way |
| · | New Street between the Danehy Park Driveway and Fresh Pond Mall property line |
| · | North First Street |
| · | Peabody Street |
| · | Pearl Street |
| · | River Street |
| · | Somerville Avenue |
| · | Steel Place between Alewife Station Access Road and Cambridgepark Drive |
| · | Sidney Street Extension |
| · | Third Street between Binney Street and Broadway |
| · | Quincy Street between Kirkland Street and Harvard Street |
| · | University Road between Mount Auburn Street and Bennett Street |
| · | Vassar Street |
| · | Waverly Street between Brookline Street and Henry Street |
| · | Webster Avenue |
| · | Western Avenue |
(b) A Small Project shall be exempt from the requirements of Section 10.18.070 (Requirements Applicable to Small Projects) if it qualifies by being located on a lot directly abutting one or more of the streets or street segments listed in Section 10.18.100(a).
(c) A Parking Facility shall be exempt from the requirement to create a PTDM Plan as described in section 10.18.050 if it meets the following criteria:
(i) The Director has accepted a registration form for the facility meeting the requirements of section 10.18.040 before the date of adoption of this Section 10.18.100,
(ii) The facility is located on a lot that abuts one or more of the streets or street segments listed in subsection 10.18.100(a), and
(iii) The facility would otherwise be required to create a PTDM Plan under 10.18.050(b)(iii), or the facility creates commercial parking by change of use of preexisting parking spaces and would otherwise be required to create a PTDM Plan under 10.18.050(b)(iv).
(d) A preexisting Parking Facility with registered commercial parking spaces which has a PTDM Plan applicable to those spaces shall be eligible to amend its PTDM Plan to remove monitoring and TDM requirements related to commercial parking if the facility is located on a lot that directly abuts one or more of the streets or street segments listed in Section 10.18.100(a) upon date of enactment.
(e) The provisions of this section shall cease to be effective ninety days after the date the US Environmental Protection Agency issues its approval to rescind and replace the Cambridge parking freeze regulation set forth at 40 C.F.R §§ 52.1128(b), 52.1135 unless the City Council votes to extend the validity of this section.
Passed to a second reading at the City Council
meeting held on December 2, 2024 and on or after
December 23, 2024 the question comes on passage
to be ordained.
Attest:- Diane P. LeBlanc
City Clerk
ORDINANCE NO. 2024-7 – FIRST PUBLICATION
CITY OF CAMBRIDGE
In the Year Two Thousand and Twenty-Four
AN ORDINANCE
In amendment to the Ordinance entitled “Cambridge Municipal Code”
That the Municipal Code of the City of Cambridge be amended in Chapter 10.16 entitled “Commercial Parking Space Permits” as follows:
Amendments to Section 10.16.010 – Definitions
Amend Section 10.16.010 to read as follows:
10.16.010 Definitions
“Commercial Parking space” means a parking space available for use by the general public at any time for a fee. The term shall not include
(i) parking spaces which are owned or operated by a commercial entity whose primary business is other than the operation of parking facilities, for the exclusive use of its lessees, employees, patrons, customers, clients, patients, guests or residents but which are not available for use by the general public;
(ii)parking spaces restricted for the use of the residents of a specific residential building or group of buildings;
(iii)spaces located on public streets; or
(iv)spaces located at a park-and-ride facility operated in conjunction with the Massachusetts Bay Transportation Authority.”Commercial Parking Control Committee” (CPCC) means the committee established by this Chapter to decide whether to issue Commercial Parking Permits. Decisions of the CPCC are binding on the Director.
“Controlled Parking Facility Permit” (CPFP) means a permit issued by the Director prior to the effective date of this Chapter, which authorized the construction operation of a parking space or the construction, operation, or modification of a parking facility.
“Determination of Exclusion” means a determination made by the director prior to the effective date of this Chapter that a parking facility or a parking space did not require a CPFP.
“Director” means Director of the Cambridge Department of Traffic, Parking, and Transportation.
“Existing Commercial Parking Permit” means
(i) a permit or approval issued prior to the effective date of this Chapter pursuant to the Procedures, Criteria, and Memorandum of Agreement dated November 15, 1984;
(ii) a Controlled Parking Facility Permit that expressly authorizes use of the parking facility for Commercial Parking Spaces; or
(iii) a letter from the Director confirming the number of spaces at a specified location that were in existence and being used as Commercial Parking Spaces as of October 15, 1973.
“Memorandum of Agreement” or “1996 MOA” means the Memorandum of Agreement between the City and the Commonwealth of Massachusetts acting through its Department of Environmental Protection, dated July 17, 1996.
“New Commercial Parking Permit” means a permit issued under this Chapter, authorizing the use of a designated number of parking spaces at a specified location as Commercial Parking Spaces.
“Parking Facility” means any lot, garage, building or structure or combination or portion thereof, on or in which motor vehicles are parked.
“Person” means and includes a corporation, firm, partnership, association, executor, administrator, guardian, trustee, agent, organization, any state, regional or political subdivision, agency, department, authority or board, and any other group acting as a unit, as well as a natural person.
Amendments to Section 10.16.040 – Procedure for obtaining a commercial parking permit
Amend Section 10.16.040(c) to read as follows:
Every application for a New Commercial Parking Permit shall include the following information:
1. Name and address of owner.
2. Address of proposed Commercial Parking Space or Parking Facility.
3. Type of facility (e.g., parking lot or garage).
4. Type of construction proposed (new or modification) and estimated dates for start of construction and opening of facility (or availability of spaces).
5. Number of existing parking spaces and categories of use for each space at the facility, including non-commercial spaces. Use categories include: general public, customers, patients, clients, students, employees, residents, guests.
6. Number of proposed parking spaces and categories of use for each space.
7. Calculations of parking space requirements according to the appropriate section of the Cambridge Zoning Ordinance.
8. Detailed information on how use of the spaces will be controlled for each category of use.
9. For parking facilities with 20 or more total parking spaces, a plan, approved in writing by the City Manager’s Designee for regulation and control of air pollution from motor vehicles. Such plan shall describe traffic mitigation and parking and transportation demand management measure which will be implemented at the subject parking facility or elsewhere in Cambridge to minimize air pollution, single-occupant vehicle trips, and/or vehicle miles of travel to be generated by the proposed Commercial Parking Space(s).
10. A detailed description of the need for the proposed Commercial Parking Spaces and the type of development and patrons which the spaces and associated facility, if any, will serve.
11. A site plan and floor plans of the proposed parking facility, showing the facility location, any bicycle parking required by the Zoning Ordinance, the space layout, and the entry and exit points.
12. A detailed statement of any public policy considerations which support the application.
Six copies of every application shall be submitted, with the above information, to the Commercial Parking control Committee, c/o the Traffic, Parking and Transportation Department, City Hall Annex, 57 Inman Street, Cambridge, Massachusetts 02139.
Amend Section 10.16.040(d) to read as follows:
(d) The Committee shall be required to process any applications already on file with the Director at the time of the adoption of this Chapter in the order of the filing of said pending applications. All amendments to pending applications shall be deemed to relate back to the original date of filing.
Amend Section 10.16.040(e) to read as follows:
(e) At least 14 days before the hearing, the Commercial Parking control Committee or its designee shall send to each applicant which has submitted a complete application an analysis of the application in regard to the criteria set out above. this analysis will highlight any further information required in order to make a full assessment of the application. Any applicant who has filed an incomplete application shall be so notified at that time. An application shall be deemed incomplete if it is not accompanied by all the information required by Section 10.16.040 (c).
Amend Section 10.16.040(f) to read as follows:
(f) Within thirty (30) days after the hearing, the Commercial Parking control Committee shall approve or disapprove the application after full consideration of all the facts contained in the application. In evaluating applications and making the determinations, the CPCC shall consider the following criteria:
(1) Whether the applicant requests ten or fewer Commercial Parking Spaces and whether the parking facility would have a combined total of twenty or fewer parking spaces if the application is granted;
(2) Whether the application includes a written plan to make a good faith effort to hire qualified Cambridge residents as employees and a commitment to consult with the Cambridge Office of Work Force Development; and
(3) Whether the project is consistent with the City’s established planning and policy goals.
The CPCC shall request evidence and documentation as it deems appropriate for substantiation of compliance with the above criteria.
Amendments to Section 10.16.050 – Permit term and conditions
Amend Section 10.16.050(d) to read as follows:
(d) No New or Existing Commercial Parking Permit shall be transferrable among private parties for use at another location. Upon termination, expiration, or revocation, a New or Existing Commercial Parking Shall automatically revert to the City for allocation in accordance with this Chapter.
Amendments to Section 10.16.060 – Number of commercial parking permits to be issued
Amend Section 10.16.060(a) to read as follows:
(a) Until EPA issues its approval to rescind and replace the Cambridge parking freeze regulation set forth at 40 C.F.R. §§ 52.1128 (b), 52.1135, the Director shall not issue New Commercial Parking Permits in excess of the number allowed pursuant to 10.16.060 (b).
Amend Section 10.16.060(b) to read as follows:
(b) The Director, in accordance with the procedures set forth in this Chapter, may issue permits for up to seventy-three (73) new Commercial Parking Spaces. In addition, the Director may issue New Commercial Parking Permits for the number of Commercial Parking Spaces that have been permanently taken out of service as Commercial Parking Spaces on or after July 17, 1996. A Commercial Parking Space shall be deemed permanently taken out of service if:
(i) the permit or authorization therefor has reverted to the City;
(ii) the space has been physically removed from service by reconfiguration of the facility to eliminate the space or by installation of permanent access barriers;
(iii) use of the space for commercial purposes is eliminated by use restrictions that are posted and enforced, such as requiring card key access to the facility or validation of the parking ticket by a building tenant; or
(iv) authorization to use such space has been revoked or restricted as the result of an enforcement action. Prior to issuing permits pursuant to the second sentence hereof, the City shall notify DEP and EPA.
Amendments to Section 10.16.070 – Enforcement
Amend Section 10.16.070(b) to read as follows:
(b) If any person, after a hearing before the CPCC, is found to have operated a parking space illegally, whether under the provision of this Chapter, a New or Existing Commercial Parking Permit, a CPFP, or a Determination of Exclusion, such person may be subject to a fine of up to $10 per day per space for every day that the space was illegally operated. In addition, the Director, after such a hearing, may:
(i) revoke a permit of a Determination of Exclusion for any space operated in violation of its permit conditions, including the terms of the plans required by 10.16.040 (c) (9) and (f) (2); or
(ii) order closure of those spaces or facilities found to be operating with no required permit or Determination of Exclusion.
At any hearing held by the CPCC to decide if spaces have improperly been operated as Commercial Parking Spaces, any facility hold a Determination of Exclusion which is found to have any spaces operating in violation of the terms of said Determination shall be presumed to have all of its spaces operating in violation of the terms of its Determination unless the operator demonstrates to the satisfaction of the CPA that a distinct and identifiable portion of the spaces have been operated in accordance with the terms of the Determination. It shall be the responsibility of the CPCC to determine the number of spaces within a facility that are operating in violation of the terms of their Determination of Exclusion, and to impose fines or revoke the Determination.
Amendments to Section 10.16.090 – Parking and transportation demand management plan
Amend Section 10.16.090 to read as follows:
It shall be the responsibility of the City Manager’s Designee for regulation and control of air pollution from motor vehicles to review, condition, approve, or deny the plan for traffic mitigation and parking and transportation demand management measures required to be submitted pursuant to Section 10.16.040 (c) (9) of this Chapter. Prior to making its determination, the Designee shall consult with the Director. The Designee shall issue its approval or disapproval in writing, and it may specify conditions for its approval. Such conductions shall be incorporated into the plan and shall become a condition upon which a new Commercial Parking Permit is granted.
Passed to a second reading at the City Council
meeting held on December 2, 2024 and on or after
December 23, 2024 the question comes on passage
to be ordained.
Attest:- Diane P. LeBlanc
City Clerk
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