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.