§ 17.107.060. Child care facilities.

A.

Residential Development. When an applicant proposes to construct a residential development project that conforms to the requirements of Section 17.107.040 (i.e. a density bonus), and includes a child care facility that will be located on the premises of, as part of, or adjacent to, the residential development project, the City shall grant either of the following:

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 child care facility; or

2.

An additional concession or incentive designated by the City that would contribute significantly to the economic feasibility of the construction of the child care facility.

B.

Requirements. The City shall require, as a condition of approving the residential development project, that the following occur:

1.

The child care facility shall remain in operation for a period of time that is as long as, or longer than, the period of time during which the affordable housing units are required to remain affordable pursuant to this article; and

2.

Of the children who attend the child care facility, the children of very low income households, lower income households, moderate income households shall equal a percentage that is equal to, or greater than, the percentage of dwelling units that are made affordable to very low income households, lower income households, or families of moderate income households pursuant to Section 17.107.040.

C.

Commercial or Industrial Development. California Government Code (Section 65917.5) permits a Density Bonus when a child care facility is installed, operated and maintained in a commercial or industrial project, over the otherwise maximum allowable density permitted under the applicable Zoning ordinance and land use element of the Oakland General Plan. The bonus shall be calculated as follows:

1.

A maximum of five (5) square feet of floor area for each one square foot of floor area contained in the child care facility for existing structures.

2.

A maximum of ten (10) square feet of floor area for each one square foot of floor area contained in the child care facility for new structures.

For purposes of calculating the density bonus under this Section, both indoor and outdoor square footage requirements for the child care facility as set forth in applicable State child care licensing requirements shall be included in the floor area of the child care facility.

D.

Notwithstanding any requirement of this Section, the City shall not be required to provide a Density Bonus or concession for a Child Care Facility if it finds, based upon substantial evidence, that the community has adequate child care facilities. Further, the provisions of California Government Code Section 65917.5 (Subsections c—e) shall apply in Oakland.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13224, § 3(Exh. A), 4-22-2014)