(A) Criteria - For a density bonus to be granted pursuant to Section 16-410.9(B) for housing development with a minimum affordable housing component and a childcare facility, all of the following must be satisfied:
(1) Compliance with one of the minimum eligibility requirements identified in Cal. Gov't Code, Section 65915(b).
(2) The housing development must include a childcare facility that will be located on the premises of, as part of, or adjacent to, the housing development. (Cal. Gov't Code, Section 65915(h)(1))
(3) Approval of the housing development must be conditioned to ensure that both of the following occur:
(a) The childcare facility must remain in operation for a period of time that is as long as or longer than the period of time during which the affordable units are required to remain affordable pursuant to Section 16-410.19 (Cal. Gov't Code, Section 65915(h)(2)(A)).
(b) Of the children who attend the childcare facility, the children of very low income households, low income households, or moderate income households must equal a percentage that is equal to or greater than the percentage of dwelling units that are required under the respective minimum affordable housing component income category for which the density bonus is sought. (Cal. Gov't Code, Section 65915(h)(2)(B))
(4) The city has not made a finding based upon substantial evidence that the community has adequate childcare facilities. (Cal. Gov't Code, Section 65915(h)(3))
(B) Density bonus allowance - If the requirements of Section 16-410.9(A) are met, then an applicant for a housing development with an affordable housing component and childcare facility is entitled to:
(1) An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the childcare facility. (Cal. Gov't Code, Section 65915(h)(1)(A))
(2) An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the childcare facility. (Cal. Gov't Code, Section 65915(h)(1)(B))
(Ord. No. 2912, 3035)