19.27.040 Additional density bonus or concession or incentive through provision of housing with a child care facility.

(A) When an applicant proposes to construct a housing development that conforms to the requirements of Section 19.27.010(C) and includes a childcare facility located on the premises of, as part of, or adjacent to, the project, the planning commission or city council shall grant either of the following:

(1) An additional residential square footage density bonus equal to or greater than the child care facility square footage; or

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

(B) The planning commission or city council shall require, as a condition of approving the housing development, that the following occur:

(1) The child care facility must remain in operation as long as or longer than the density bonus units affordable term pursuant to Section 19.27.010(E).

(2) Of the children who attend the child care facility, the children of very low income households, lower income households, or moderate income households must equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very low income households, lower income households, or moderate income households pursuant to Section 19.27.010(C).

(C) Notwithstanding any requirement of this section, the planning commission or city council is not 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.

(D) Density bonus units do not have to be located in the same geographic area of the housing development.

(E) Granting a concession or incentive shall not in and of itself, require a general plan amendment, zoning change, or other discretionary approval.

(F) Section 9.27.040 does not limit or require the city to provide direct financial incentives for housing development, including the provision of publicly owned land, by the city, county, or city and county, or the waiver of fees or dedication requirements.