Berkeley · Land use · Child care center
Where is a child care center allowed in Berkeley?
In Berkeley, a child care center is needs a permit in 23 (R-1, R-2, R-2A, R-3, R-4 and 18 more, 4 with a condition) and not allowed in 3 (Berkeley use tables, read October 2026).
Key points
- Needs a permit: R-1, R-2, R-2A, R-3, R-4, R-5, R-S, R-SMU and 15 more
- Not allowed: ES-R, M and MM
Find your lot's zone on the city zoning map, then read its row. Every status below was read from the Berkeley Municipal Code use tables (read October 2026). Base zones only. General information, not legal advice — check with the city before you apply.
Zones where a child care center can go
Berkeley's code calls this use “Child Care Center”. Each row links to the use table it comes from. A zone marked “see note” has a condition in the code, for example upper floors only or a larger lot.
| Zone | Status | Code |
|---|---|---|
| R-1 | Needs an use permit | § 23.202.020 |
| R-2 | Needs an use permit | § 23.202.020 |
| R-2A | Needs an use permit | § 23.202.020 |
| R-3 | Needs an use permit | § 23.202.020 |
| R-4 | Needs an use permit | § 23.202.020 |
| R-5 | Needs an use permit | § 23.202.020 |
| R-S | Needs an use permit | § 23.202.020 |
| R-SMU Residential Southside Mixed Use District | Needs an use permit | § 23.202.020 |
| R-BMU Residential BART Mixed Use District | Needs an use permit — see note Note **: Required permits for specific uses are set forth in the R-BMU Master Development Permit (MDP). See 23.202.150.A and 23.202.150.D | § 23.202.020 |
| C-C | Needs an use permit | § 23.204.020 |
| C-U | Needs an use permit | § 23.204.020 |
| C-N | Needs an use permit | § 23.204.020 |
| C-E | Needs an use permit | § 23.204.020 |
| C-NS | Needs an use permit | § 23.204.020 |
| C-SA | Needs an use permit | § 23.204.020 |
| C-T | Needs an use permit | § 23.204.020 |
| C-SO | Needs an use permit | § 23.204.020 |
| C-DMU | Needs an use permit | § 23.204.020 |
| C-W | Needs an use permit | § 23.204.020 |
| C-AC | Needs an use permit | § 23.204.020 |
| MU-LI | Needs an administrative use permit — see note Note *: * = Use-Specific Regulations Apply (see 23.206.040(C) & (D)) | § 23.206.020 |
| MU-R | Needs an use permit — see note Note *: * = Use-Specific Regulations Apply (see 23.206.040(C) & (D)) | § 23.206.020 |
| M-RD | Needs an administrative use permit — see note Note *: * = Use-Specific Regulations Apply (see 23.206.040(C) & (D)) | § 23.206.020 |
Zones where it is not allowed
What else applies
- S6 has a second "Child Care Center" row under Incidental Uses: "See 23.206.040(C)" in MU-LI, MU-R, M-RD.
- State law: A licensed family child care home in a house is a residential use under state law (Health and Safety Code § 1597.45); this page covers child care centers only.
- Not covered here: Other zoning districts of Division 2 (e.g. mixed-use or special districts) whose tables are not in the packet. Overlay zones and specific plans can also change the answer.
Other uses in Berkeley
Who this affects
Frequently asked questions
Can I have a child care center in the R-1 zone in Berkeley?
Only with an use permit. Berkeley's use table lists it that way in R-1 (§ 23.202.020).
Can I have a child care center in the ES-R zone in Berkeley?
No. Berkeley's use table does not allow it in ES-R (Environmental Safety-Residential District) (§ 23.202.020).
General information, not legal advice.
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