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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.

ZoneStatusCode
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

ES-R, M, MM.

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

HomeownersBuyersReal estate agentsSmall developers

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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