414.11

SEC. 414.11. SPONSOR REPORTS TO THE DEPARTMENT. In the event that a sponsor elects to satisfy its child-care requirement under Section 414.5, 414.6, 414.7, or 414.9 by providing an on-site or near-site child-care facility, the sponsor shall submit a report to the Department in January of each year for the life of the child-care facility. The report shall have attached thereto a copy of the license issued by the California Department of Social Services permitting operation of the child-care facility, and shall state: (1) The address of the child-care facility; (2) The name and address of the child-care provider operating the facility; (3) The size of the center in terms of floor area; (4) The capacity of the child-care facility in terms of the maximum number of children for which the facility is authorized to care under the license; (5) The number and ages of children cared for at the facility during the previous year; and (6) The fees charged parents for use of the facility during the previous year. (Added by Ord. 108-10, File No. 091275, App. 5/25/2010) SEC. 414.12. APPLICATION TO ELIMINATE THE CHILD-CARE FACILITY OR REDUCE THE FLOOR AREA. In the event that a sponsor elects to satisfy its child-care requirement under Sections 414.5, 414.6, 414.7 or 414.9 by providing an on-site or near-site child-care facility, or under Section 414.10 by agreement with a non-profit organization, the sponsor, or in the case of a facility created pursuant to Section 414.10 the non-profit organization, may apply to the Department to eliminate the facility or to reduce the floor area of the facility in any amount, providing, however, that the gross floor area of a reduced facility is at least 2,000 square feet. The Department shall schedule a public hearing on any such application before the Commission and provide notice pursuant to Section 306.3(a) of this Code at least two months prior to the hearing. The application may be granted only where the sponsor has demonstrated that there is insufficient demand for the amount of floor area then devoted to the on-site or near-site child-care facility. The actual reduction in floor area or elimination of the child-care facility shall not be permitted in any case until six months after the application is granted. Such application may be made only five years or more after the issuance of the first certificate of occupancy for the project. Prior to the reduction in floor area or elimination of the child care facility, the sponsor shall pay an in-lieu fee to the Development Fee Collection Unit at DBI to be computed as follows:

(20 - No. of years since issuance of first construction document or first certificate of occupancy, whichever applies) × Net reduction gross sq. ft. child-care facility × $100 = Total Fee

Upon payment of the fee in full to the Development Fee Collection Unit and upon request of the sponsor, Development Fee Collection Unit shall issue a certification that the fee has been paid. The sponsor shall present such certification to the Director prior to the reduction in the floor area or elimination of the child care facility. (Added by Ord. 108-10, File No. 091275, App. 5/25/2010) SEC. 414.13. AFFORDABILITY REQUIREMENT. The child care provider operating any child care facility pursuant to Sections 414.5, 414.6, 414.7 or 414.9 shall reserve at least 10 percent of the maximum capacity of the child care facility as determined by the license for the facility issued by the California Department of Social Services to be affordable to children of households of low income. The Department shall adopt rules and regulations to determine the rates to be charged to such households at the same time and following the procedures for the adoption of rules and regulations under Section 414.14. (Added by Ord. 108-10, File No. 091275, App. 5/25/2010) SEC. 414.14. CHILD CARE CAPITAL FUND. There is hereby established a separate fund set aside for a special purpose called the Child Care Capital Fund ("Fund"). All monies contributed pursuant to the