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 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 nonprofit organization 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. office 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 space is less than 300,000 square feet, the child-care facility may have a minimum gross floor of 2,000 square feet or the area determined according to the above formula, whichever is greater;

(d) The nonprofit organization has executed and recorded a binding written agreement, with a term of 20 years from the date of issuance of the first certificate of occupancy for the development project, pursuant to which the nonprofit organization guarantees that it will operate a child-care facility or it will lease or sublease a child-care facility to one or more nonprofit child-care providers for as long as there is a demonstrated need under Section 414.12, and that it will comply with all of the requirements imposed on the nonprofit organization under Section 414.10 and imposed on a sponsor under Sections 414.4.

(e) To support the provision of a child-care facility in accordance with the foregoing requirements, the sponsor has paid to the nonprofit organization a sum which equals or exceeds the amount of the in-lieu fee which would have been applicable to the project under Section 414.8.

(f) The Office of Early Care and Education, or any successor entity has determined that the proposed child-care facility will help meet the needs identified in the San Francisco Child Care Needs Assessment and will be consistent with the San Francisco Citywide Plan for Early Care and Education and Out of School Time; provided, however, that this Paragraph (f) shall not apply to any office or hotel development project approved by the Planning Commission prior to December 31, 1999.

at the proposed child-care facility will help meet the needs identified in the San Francisco Child Care Needs Assessment and will be consistent with the San Francisco Citywide Plan for Early Care and Education and Out of School Time; provided, however, that this Paragraph (f) shall not apply to any office or hotel development project approved by the Planning Commission prior to December 31, 1999.

Upon compliance with the requirements of this Section, the nonprofit organization shall enjoy all of the rights and be subject to all of the obligations of the sponsor, and the sponsor shall have no further rights or obligations under Section 414.1 et seq.

(Added by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 55-11, File No. 101523, App. 3/23/2011; Ord. 5-14 ,1 File No. 130864, App. 2/7/2014, Eff. 3/9/2014)

AMENDMENT HISTORY Division (f) amended; Ord. 5-14 ,1 Eff. 3/9/2014.

CODIFICATION NOTE

1. The reference in Ord. 5-14 to Sec. "410.10" appears to be a scrivener's error. Accordingly, the codifier has given effect to that ordinance by applying its amendments to this section.