(A) Housing developments. A housing development that complies with the resident and project size requirements of § 10-3-5.102(A) and (B), above, and also includes as part of that development a child care facility other than a large or small family day care home, that will be located on the site of, as part of, or adjacent to the development, shall be subject to the following additional bonus, incentives, and requirements.
(1) Additional bonus and incentives. The city shall grant a housing development that includes a child care facility in compliance with this section either of the following:
(a) An additional density bonus that is an amount of floor area in square feet of residential space that is equal to or greater than the floor area of the child care facility; or
(b) An additional incentive that contributes significantly to the economic feasibility of the construction of the child care facility.
(2) Requirements to qualify for additional bonus and incentives.
(a) The city shall require, as a condition of approving the housing development, that:
1. The child care facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the density bonus units are required to remain affordable in compliance with § 10-3-5.107, below; and
2. Of the children who attend the child care facility, the children of very low income households, lower income households, or families of moderate income shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very low income households, lower income households, or families of moderate income in compliance with § 10-3-5.102(A), above.
(b) The city shall not be required to provide a density bonus for a child care facility in compliance with this section if it finds, based upon substantial evidence, that the community has adequate child care facilities.
(B) Commercial and industrial developments. A developer of a commercial or industrial development project, containing at least 50,000 square feet of floor area, may be granted a density bonus when that developer agrees to set aside at least 2,000 square feet of interior floor area and 3,000 outdoor square footage to be used for a child care facility, other than a large or small family day care home, in compliance with Cal. Gov’t Code § 65917.5.
(1) Allowable density bonuses. The allowable density bonus may be one of the following:
(a) A maximum of five square feet of floor area for each one square foot of floor area contained in the child care facility located in an existing child care facility; or
(b) A maximum of ten square feet of floor area for each one square foot of floor area contained in the child care facility located in a new child care facility.
(2) Requirements. Requirements to qualify for the additional density bonus shall include all of the following:
(a) For purposes of calculating the allowable density bonus under this subsection, both the total area contained within the exterior walls of the child care facility and all outdoor areas devoted to the use of the facility in compliance with applicable state child care licensing requirements shall be considered.
(b) The child care facility shall be of a sufficient size to comply with all applicable state licensing requirements in order to accommodate at least 40 children.
(c) This facility may be located either on the project site or may be located off-site as agreed upon by the developer and the city.
(d) If the child care facility is not located on the site of the development project, the city shall determine whether the location of the child care facility is appropriate and whether it complies with the purpose and intent of this section.
(e) The granting of a density bonus shall not preclude the city from imposing necessary conditions on the development project or on the additional square footage in compliance with Cal. Gov’t Code § 65917.5.
(Ord. 920 C.S., passed 5-20-15)