SEC. 414.6. COMPLIANCE IN CONJUNCTION WITH THE SPONSORS OF OTHER DEVELOPMENT 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 × .01 = sq. ft. of child-care facility of all participating dev. projects

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.