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(B) A maximum of 10 square feet of floor area for each one square <br />foot of floor area contained in the child care facility for new <br />structures. <br />For purposes of calculating the density bonus under this section, both indoor and outdoor <br />square footage requirements for the child care facility as set forth in applicable state child <br />care licensing requirements shall be included in the floor area of the child care facility. <br />(3) "Developer" means the owner or other person, including a lessee, having the right under <br />the applicable zoning ordinance of a city council, including a charter city council, city and <br />county board of supervisors, or county board of supervisors to make an application for <br />development approvals for the development or redevelopment of a commercial or industrial <br />project. <br />(4) "Floor area" means as to a commercial or industrial project, the floor area as calculated <br />under the applicable zoning ordinance of a city council, including a charter city council, city <br />and county board of supervisors, or county board of supervisors and as to a child care <br />facility, the total area contained within the exterior walls of the facility and all outdoor areas <br />devoted to the use of the facility in accordance with applicable state child care licensing <br />requirements. <br />(b) A city council, including a charter city council, city and county board of supervisors, or <br />county board of supervisors may establish a procedure by ordinance to grant a developer of a <br />commercial or industrial project, containing at least 50,000 square feet of floor area, a density <br />bonus when that developer has set aside at least 2,000 square feet of floor area and 3,000 <br />outdoor square feet to be used for a child care facility. The granting of a bonus shall not <br />preclude a city council, including a charter city council, city and county board of supervisors, or <br />county board of supervisors from imposing necessary conditions on the project or on the <br />additional square footage. Projects constructed under this section shall conform to height, <br />setback, lot coverage, architectural review, site plan review, fees, charges, and other health, <br />safety, and zoning requirements generally applicable to construction in the zone in which the <br />property is located. A consortium with more than one developer may be permitted to achieve <br />the threshold amount for the available density bonus with each developer's density bonus <br />equal to the percentage participation of the developer. This facility may be located on the <br />project site or may be located offsite as agreed upon by the developer and local agency. If the <br />child care facility is not located on the site of the project, the local agency shall determine <br />whether the location of the child care facility is appropriate and whether it conforms with the <br />intent of this section. The child care facility shall be of a size to comply with all state licensing <br />requirements in order to accommodate at least 40 children. <br />(c) The developer may operate the child care facility itself or may contract with a licensed child <br />care provider to operate the facility. In all cases, the developer shall show ongoing <br />coordination with a local child care resource and referral network or local governmental child <br />care coordinator in order to qualify for the density bonus. <br />13 <br />