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-- 13 -- SB 435 <br /> <br /> 1 (B) An additional concession or incentive that contributes <br /> 2 significantly to the economic feasibility of the construction of the <br /> 3 child care facility. <br /> 4 (2) The city, county, or city and county shall require, as a <br /> 5 condition of approving the housing development, that the <br /> 6 following occur: <br />7 (A) The child care facility shall remain in operation for a <br />8 period of time that is as long as or longer than the period of time <br />9 during which the density bonus units are required to remain <br />10 affordable pursuant to subdivision (c). <br />11 (B) Of the children who attend the child care facility, the <br />12 children of very low income households, lower income <br />13 households, or families of moderate income shall equal a <br />14 percentage that is equal to or greater than the percentage of <br />15 dwelling units that are required for very low income households, <br />16 lower income households, or families of moderate income <br />17 pursuant to subdivision (b). <br />18 (3) Notwithstanding any requirement of this subdivision, a <br />19 city, county, or a city and county shall not be required to provide <br />20 a density bonus or concession for a child care facility if it finds, <br />21 based upon substantial evidence, that the community has <br />22 adequate child care facilities. <br />23 (4) "Child care facility," as used in this section, means a child <br />24 day care facility other than a family day care home, including, <br />25 but not limited to, infant centers, preschools, extended day care <br />26 facilities, and schoolage child care centers. <br />27 (i) "Housing development," as used in this section, means one <br />28 or more groups of projects for residential units constructed in the <br />29 planned development of a city, county, or city and county. For <br />30 the purposes of this section, "housing development" also includes <br />31 a subdivision or common interest development, as defined in <br />32 Section 1351 of the Civil Code, approved by a city, county, or <br />33 city and county and consists of residential units or unimproved <br />34 residential lots and either a project to substantially rehabilitate <br />35 and convert an existing commercial building to residential use or <br />36 the substantial rehabilitation of an existing multifamily dwelling, <br />37 as defined in subdivision (d) of Section 65863.4, where the result <br />38 of the rehabilitation would be a net increase in available <br />39 residential units. For the purpose of calculating a density bonus, <br />40 the residential units do not have to be based upon individual <br /> <br /> 97 <br /> <br /> <br />