Modesto Municipal Code Art. 7 Density Bonus: Inclusion of a Childcare Facility

When an applicant proposes to construct a housing development that conforms to the requirements of Article 8 (Density Bonus: Calculations) and will include a childcare facility that will be located on the premises of, as part of, or adjacent to, the project, the city shall grant either of the following:

(a) 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 childcare facility; or,

(b) An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the childcare facility.

(Ord. No. 3762-C.S., effective § 4, effective 5-11-23)

The city shall require, as a condition of approving the housing development, that the following occur:

(a) The childcare 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 density bonus units are required to remain affordable pursuant to Article 8 (Density Bonus: Calculations).

(b) Of the children who attend the childcare facility, the children of very low-income households, lower income households, or families of moderate income shall equal a percentage that is equal or greater than the percentage of dwelling units that are required for very low-income households, lower income households, or families of moderate income, pursuant to Article 8 (Density Bonus: Calculations).

(c) Notwithstanding any requirement of this article, the city shall not be required to provide a density bonus or concession for a childcare facility if it finds, based upon substantial evidence, that the community has adequate childcare facilities.

(Ord. No. 3762-C.S., effective § 4, effective 5-11-23)

"Childcare facility," as used in this article, means a child daycare facility other than a family daycare home, including, but not limited to, infant centers, preschools, extended daycare facilities, and school-age childcare centers.

(Ord. No. 3762-C.S., effective § 4, effective 5-11-23)

"Housing development," as used in this article, means a development project for five (5) or more residential units, including mixed-use developments. For the purposes of this article, "housing development" also includes a subdivision or common interest development, as defined in Section 4100 of the Civil Code, approved by the city and consists of residential units or unimproved residential lots; and either a project to substantially rehabilitate and convert an existing commercial building to residential use; or the substantial rehabilitation of an existing multi-family dwelling, as defined in subdivision (d) of Section 65863.4, where the result of the rehabilitation would be a net increase in available residential units.

(Ord. No. 3762-C.S., effective § 4, effective 5-11-23)

For the purpose of calculating a density bonus, the residential units shall be on contiguous sites that are the subject of one (1) development application, but do not have to be based upon individual subdivision maps or parcels. The density bonus shall be permitted in geographic areas of the housing development other than the areas where the units for the lower income households are located.

(Ord. No. 3762-C.S., effective § 4, effective 5-11-23)