414.3

SEC. 414.3. APPLICATION. (a) Section 414.1 et seq. shall apply to office and hotel development projects proposing the net addition of 25,000 or more gross square feet of office or hotel space. (b) Section 414.1 et seq. shall not apply to: (1) Any development project other than an office or hotel development project, including that portion of an office or hotel development project consisting of a retail use; (2) That portion of an office or hotel development project located on property owned by the United States or any of its agencies; (3) That portion of an office or hotel development project located on property owned by the State of California or any of its agencies, with the exception of such property not used exclusively for a governmental purpose; (4) That portion of an office or hotel development project located on property under the jurisdiction of the Port of San Francisco or the San Francisco Redevelopment Agency where

the application of this Section is prohibited by State or local law; and (5) Any office or hotel development project approved by the Commission prior to the effective date of Section 414.1 et seq. (Added by Ord. 108-10, File No. 091275, App. 5/25/2010 ; amended by Ord. 2-16 , File No. 150793, App. 1/19/2016, Eff. 2/18/2016) AMENDMENT HISTORY Division (a) amended; Ord. 2-16 , Eff. 2/18/2016. SEC. 414.4. IMPOSITION OF CHILD CARE REQUIREMENT. (a) Determination of Requirements. The Department shall determine the applicability of Section 414.1 et seq. to any development project requiring a first construction document and, if Section 414.1 is applicable, the number of gross square feet of each type of space subject to its requirements, and shall impose these requirements as a condition of approval for issuance of the first construction document for the development project to mitigate the impact on the availability of child-care facilities which will be caused by the employees attracted to the proposed development project. The project sponsor shall supply any information necessary to assist the Department in this determination. (b) Department Notice to Development Fee Collection Unit at DBI. After the Department has made its final determination of the net addition of gross square feet of each type of space subject to Section 414.1 et seq., it shall immediately notify the Development Fee Collection Unit at DBI of its determination in addition to the other information required by Section 402(b) of this Article. (c) Sponsor’s Choice to Fulfill Requirements. (1) Except as otherwise specified in this subsection, prior to issuance of a building or site permit for a development project subject to the requirements of Section 414.1 et seq., the sponsor shall elect one of the six options listed below to fulfill any requirements imposed as a condition of approval and notify the Department of its choice of the following: (A) Provide a child-care facility on the premises of the development project for the life of the project pursuant to Section 414.5; or (B) In conjunction with the sponsors or one or more other development projects subject to Section 414.1 et seq. located within ½ mile of one another, provide a single child-care facility on the premises of one of their development projects for the life of the project as set forth in Section 414.6; or (C) Either singly or in conjunction with the sponsors or one or more other development projects subject to Section 414.1 et seq. located within ½ mile of one another, provide a single child-care facility to be located within one mile of the development project(s) pursuant to Section 414.7; or (D) Pay an in-lieu fee to the Development Fee Collection Unit at DBI pursuant to Section 414.8; or (E) Combine payment of an in-lieu fee to the Child Care Capital Fund with construction of a child-care facility on the premises or providing child-care facilities near the premises, either singly or in conjunction with other sponsors pursuant to Section 414.9; or (F) Enter into an arrangement pursuant to which a nonprofit organization shall provide a child-care facility at a site within the City pursuant to Section 414.10. (2) In the Central SoMa SUD, an Office or Hotel project that is a Key Site, as defined in Section 329, shall satisfy this Section 414.4 by the means specified in Section 249.78. (d) Department Notice to Development Fee Collection Unit of Sponsor's Choice. After the project sponsor has notified the Department of their choice to fulfill the requirements of Section 414.1 et seq., the Department shall immediately notify the Development Fee Collection Unit at DBI of the sponsor's choice. (e) Development Fee Collection Unit Notice to Department Prior to Issuance of the First Certificate of Occupancy. The Development Fee Collection Unit at DBI shall provide notice in writing or electronically to the Department prior to issuing the first certificate of occupancy for any development project subject to Section 414.1 et seq. that has elected to fulfill all or part of its requirement with an option other than payment of an in-lieu fee. If the Department notifies the Unit at such time that the sponsor has not satisfied the requirements, the Director of DBI shall deny any and all certificates of occupancy until the subject project is brought into compliance with the requirements of Section 414.1 et seq. (f) Process for Revisions of Determination of Requirements. In the event that the Department or Commission takes action affecting any development project subject to Section 414.1 et seq. and such action is subsequently modified, superseded, vacated, or reversed by the Board of Appeals, the Board of Supervisors, or by court action, the procedures of Section 402(c) of this Article shall be followed. (Added by Ord. 108-10, File No. 091275, App. 5/25/2010; Ord. 55-11, File No. 101523, App. 3/23/2011; amended by Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019) AMENDMENT HISTORY Divisions (c)-(c)(6) redesignated as (c)-(c)(1)(F); current division (c)(1) amended; new division (c)(2) added; Ord. 296-18, Eff. 1/12/2019. SEC. 414.5. COMPLIANCE BY PROVIDING AN ON-SITE CHILD-CARE FACILITY. The sponsor of a development subject to Section 414.1 et seq. may elect to provide a child-care facility on the premises of the development project for the life of the project to meet the requirements of Section 414.1 et seq. The sponsor shall, prior to the issuance of the first certificate of occupancy by DBI for the development project, provide proof to the Department that: (A) A space on the premises of the development project has been provided to a nonprofit child-care provider without charge for rent, utilities, property taxes, building services, repairs, or any other charges of any nature, as evidenced by a lease and an operating agreement between the sponsor and the provider with minimum terms of three years; (B) The child-care facility is a licensed child-care facility; (C) The child-care facility has a minimum gross floor area of 3,000 square feet or an area determined according to the following formula, whichever is greater:

Net add. gross sq. ft. off. or hotel space × .01 = sq. ft. of child-care facility

In the event that the net addition of gross square feet of office or hotel of the development project is less than 300,000 square feet, the child-care facility may have a minimum gross floor area of 2,000 square feet or the area determined according to the above formula, whichever is greater; and (D) A notice of special restriction has been recorded stating that the development project is subject to Section 414.1 et seq. and is in compliance herewith by providing a child-care facility on the premises. (Added by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019) AMENDMENT HISTORY Undesignated introductory paragraph amended; Ord. 296-18, Eff. 1/12/2019. SEC. 414.6. COMPLIANCE IN CONJUNCTION WITH THE SPONSORS OF OTHER DEVELOPMENT PROJECTS TO PROVIDE AN ON-SITE CHILD-CARE FACILITY AT ONE OF THE PROJECTS. The sponsor of a development project subject to Section 414.1 et seq. in conjunction with the sponsors of one or more other development projects subject to Section 414.1 et seq. located within one-half mile of one another may elect to provide a single child-care facility on the premises of one of their development projects for the life of the project to meet the requirements of Section 414.1 et seq. The sponsors shall, no later than six months after the issuance of the first certificate of occupancy by DBI for any one of the development projects complying with this part, provide proof to the Department that: (A) A space on the premises of one of their development projects has been provided to a nonprofit child-care provider without charge for rent, utilities, property taxes, building services, repairs, or any other charges of any nature, as evidenced by a lease and an operating agreement between the sponsor in whose project the facility will be located and the provider with minimum terms of three years; (B) The child-care facility is a licensed child-care facility; (C) The child-care facility has a minimum gross floor area of 3,000 square feet or an area determined according to the following formula, whichever is greater: