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:
Combined net add. gross sq. ft. office or
hotel space of all participating dev.
projects
× .01 =
sq. ft. of child-care facility
In the event that the net addition of gross square feet of office or hotel space of all participating projects 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 written agreement binding each of the participating project sponsors guaranteeing that the child-care facility will be provided for the life of the development project in which it is
located, or for as long as there is a demonstrated demand, as determined under Section 414.12, has been executed and recorded in the chain of title of each participating building. The
property owner must submit a copy of the agreement to the Planning Department upon finalization to demonstrate compliance with this Section 1
(Added by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 136-21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021)
AMENDMENT HISTORY
Introductory paragraph and division (D) amended; Ord. 136-21, Eff. 9/4/2021.
CODIFICATION NOTE
1. So in Ord. 136-21.
SEC. 414.7. COMPLIANCE IN CONJUNCTION WITH THE SPONSORS OF OTHER DEVELOPMENT PROJECTS TO PROVIDE A CHILD-CARE FACILITY WITHIN ONE
MILE OF THE DEVELOPMENT PROJECTS.
Except as specified in Section 249.78, the sponsor of a development project subject to Section 414.1 et seq., either singly or in conjunction with the sponsors of one or more other
development projects subject to Section 414.1 et seq. located within ½ mile of one another, may elect to provide a single child-care facility to be located within one mile of the development
project(s) to meet the requirements of Section 414.1 et seq. Subject to the discretion of the Department, the child-care facility shall be located so that it is reasonably accessible to public
transportation or transportation provided by the sponsor(s). The sponsor(s) shall, prior to the issuance of the first certificate of occupancy by DBI for any development project complying
with this part, provide proof to the Department that:
(A) A space 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 or sublease and an operating agreement between the sponsor(s) 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:
Combined net add. gross sq. ft. office or
hotel space of all participating dev.
projects
× .01 =
sq. ft. of child-care facility
In the event that the net addition of gross square feet of office or hotel space of all participating projects 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 written agreement binding each of the participating project sponsors, with a term of 20 years from the date of issuance of the first certificate of occupancy for any development
project complying with this part, guaranteeing that a child-care facility will be leased or subleased to one or more nonprofit child-care providers for as long as there is a demonstrated
demand under Section 414.12 has been executed and recorded in the chain of title of each participating building.
(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. 414.8. COMPLIANCE BY PAYMENT OF AN IN-LIEU FEE.
(a) Except as specified in Section 249.78 the sponsor of a development project subject to Section 414.1 et seq. may elect to pay a fee in lieu of providing a child-care facility. The fee
shall be computed as follows:
Net add. gross sq. ft. office or hotel space × $1.57 = Total Fee
(b) The in-lieu fee shall be paid to DBI for deposit into the Child Care Capital Fund at the time required by Section 402(d).
(Added by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 50-15 , File No. 150149, App. 4/24/2015, Eff. 5/24/2015; Ord. 2-16 , File No. 150793, App. 1/19/2016, Eff. 2/18/2016; amended by Ord. 296-18, File No. 180184,
App. 12/12/2018, Eff. 1/12/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020)
AMENDMENT HISTORY
Division (b) amended; Ord. 50-15 , Eff. 5/24/2015. Division (a) amended; Ord. 2-16 , Eff. 2/18/2016. Division (a) amended; Ord. 296-18, Eff. 1/12/2019. Division (b) amended; Ord. 63-20, Eff. 5/25/2020.
SEC. 414.9. COMPLIANCE BY COMBINING PAYMENT OF AN IN-LIEU FEE WITH CONSTRUCTION OF A CHILD-CARE FACILITY.
The sponsor of a development project subject to Section 414.1 et seq. may elect to satisfy its child-care requirement by combining 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. The child-care facility
to be constructed on-site or provided near-site under this election shall be subject to all of the requirements of whichever of Sections 414.5, 414.6 and 414.7 is applicable, and shall have a
minimum floor area of 3,000 gross square feet. If the net addition of gross square feet of office or hotel space of all participating projects is less than 300,000 square feet, the minimum
gross floor area of the facility shall be 2,000 square feet. The in-lieu fee to be paid under this election shall be subject to all of the requirements of Section 414.8 and shall be determined by
the Commission according to the following formula:
[
Net. add. Gross sq.
ft. space subject
project
-
Net. add. Gross sq.
ft. space subject
project
×
Sq. ft. child
care facility
× 100 ]
× $1.00
=
Total Fee for
Subject Project
Net. add Gross sq.
ft. space all
participating
projects
(Added by Ord. 108-10, File No. 091275, App. 5/25/2010)
SEC. 414.10. COMPLIANCE BY ENTERING INTO AN ARRANGEMENT WITH A NON-PROFIT ORGANIZATION.
The sponsor of a development project subject to this Section may elect to satisfy its child-care requirement by entering into an arrangement pursuant to which a nonprofit organization will
provide a child-care facility at a site within the City. The sponsor shall, prior to the issuance of the first certificate of occupancy by the Director of DBI for the development project, provide
proof to the Director of Planning that:
(a) A space for a child-care facility has been provided by the nonprofit organization, either for its own use if the organization will provide child-care services, or to a nonprofit child-care