§ 18.64.060 — Bonus and Incentives for Development with Childcare Facilities

A. Housing Developments. A housing development that complies with the resident and project size requirements of Subsections 18.64.020 A. and B. (Resident Requirements and Applicant Selection of Basis for Bonus), above, and includes as part of that development a childcare facility other than a large or small family child 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 childcare 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 childcare facility; or b. An additional incentive that contributes significantly to the economic feasibility of the construction of the childcare facility. 2. Requirements to Qualify for Additional Bonus or Incentive. a. The City shall require, as a condition of approving the housing development, that: (1) The childcare facility shall remain in operation for a period 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 Section 18.60.070 (Continued Availability), below; and (2) Of the children who attend the childcare 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 Subsection 18.64.020 A. Resident Requirements), above. b. Notwithstanding any other provision of this Chapter, the City shall not be required to provide a density bonus for a childcare facility in compliance with this Section if it finds, based upon substantial evidence, that the community already has adequate childcare facilities. B. Childcare Facility in Commercial, Mixed-Use, or Office Industrial Developments. An applicant for a commercial, mixed-use, or office and industrial development project, containing at least 50,000 square feet of floor area, may be granted a density bonus when that applicant 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 childcare facility, other than a large or small family child day care home, in compliance with Government Code Section 65917.5 (Commercial density bonus). 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 childcare facility located in an existing childcare facility; or b. A maximum of 10 square feet of floor area for each one square foot of floor area contained in the childcare facility located in a new childcare facility. 2. Requirements. Requirements to qualify for the additional density bonus shall include all 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 childcare facility and all outdoor areas devoted to the use of the facility in compliance with applicable State childcare licensing requirements shall be considered. b. The childcare facility shall be of a sufficient size, as determined by the Director, to comply with all applicable State licensing requirements to accommodate at least 40 children. c. This facility may be located either on the development project site or may be located off-site as agreed upon by the applicant and the City. If the childcare facility is not located on the development project site, the City shall determine whether the location of the childcare facility is appropriate and whether it complies with the purpose and intent of this Section. d. 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 Government Code Section 65917.5 (Commercial density bonus).