Gov. Code § 65917.5
Density Bonus Law

Gov. Code § 65917.5

Child care facilitiesTITLE 7. PLANNING AND LAND USE › DIVISION 1. PLANNING AND ZONING › CHAPTER 4.3. Density Bonuses and Other Incentives

Key provisions · Claude summary, not statute text

Lets a city or county adopt an ordinance granting a floor area ratio “density bonus” to developers of large commercial or industrial projects that set aside space for a “child care facility.”

  • Definitions. Defines “child care facility,” “density bonus,” “developer,” and “floor area.” The bonus is up to 5 sq. ft. of floor area per 1 sq. ft. of child care space in existing structures, and up to 10 sq. ft. per 1 sq. ft. in new structures, counting both indoor and outdoor licensing-required space. (a)(1)–(4)
  • Eligibility. By ordinance, a local agency may grant the bonus for a commercial or industrial project of at least 50,000 sq. ft. of floor area that sets aside at least 2,000 sq. ft. of floor area and 3,000 outdoor sq. ft. for child care, sized to serve at least 40 children under state licensing. (b)
  • Conditions and standards. The agency may impose necessary conditions; projects must still meet height, setback, lot coverage, architectural and site plan review, fees, and other generally applicable zoning and health and safety requirements. (b)
  • Consortiums and location. A consortium of developers may pool to meet the threshold, each receiving a bonus equal to its percentage participation. The facility may be onsite or offsite as agreed; for an offsite facility the agency decides whether the location is appropriate and conforms to the section's intent. (b)
  • Operation. The developer may run the facility or contract with a licensed provider, and must show ongoing coordination with a local child care resource and referral network or local government child care coordinator. (c)
  • Assessments. If the child care space is used for other purposes, or is not allocated within three years of the first temporary certificate of occupancy, the agency may levy an assessment based on project square footage, consistent with the space's market value. Consortium penalties are split by each developer's square-foot share, and funds go to a special account for child care services or facilities. (d)
  • Closure or change. Before the facility closes, changes use, or shrinks, the local agency must find that the need for child care is no longer present, or not present to the same degree as when established. (e)
  • Exemptions. The Mitigation Fee Act (Chapter 5, commencing with § 66000) and specified 1987 amendments do not apply to actions under this section, and the section does not apply to a voter-approved ordinance adopted by referendum or initiative. (f), (g)

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§ 65917.57 subdivisions

Source. California Code text from the Legislature's bulk download (the same data as leginfo), reproduced character for character (spacing normalized). Current page on leginfo ↗

History. (Amended by Stats. 2008, Ch. 179, Sec. 112. Effective January 1, 2009.)

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