San Jose · Land use · Child care center
Where is a child care center allowed in San Jose?
In San Jose, a child care center is allowed in 2 base zones (DC and DC-NT1, all with a condition), needs a special use permit in 19 (R-1, R-2, R-M, R-MH, CO and 14 more, 3 with a condition) and not allowed in 2 (San Jose use tables, read October 2026).
Key points
- Allowed: DC and DC-NT1
- Needs a permit: R-1, R-2, R-M, R-MH, CO, CP, CN, CG and 11 more
- Not allowed: LI and HI
Find your lot's zone on the city zoning map, then read its row. Every status below was read from the San Jose 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
San Jose's code calls this use “Child Day 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 |
|---|---|---|
| DC | Allowed — see note Note b: [Applies only inside the Downtown Active Use Area] Not permitted in corner tenant spaces. Corner tenant spaces are defined as storefronts that extend up to or beyond 30 feet along the street in either direction from the intersection. | USES ALLOWED |
| DC-NT1 | Allowed — see note Note b: [Applies only inside the Downtown Active Use Area] Not permitted in corner tenant spaces. Corner tenant spaces are defined as storefronts that extend up to or beyond 30 feet along the street in either direction from the intersection. | USES ALLOWED |
| R-1 | Needs a special use permit | USES ALLOWED |
| R-2 | Needs a special use permit | USES ALLOWED |
| R-M | Needs a special use permit | USES ALLOWED |
| R-MH | Needs a special use permit | USES ALLOWED |
| CO | Needs a special use permit | USES ALLOWED |
| CP | Needs a special use permit | USES ALLOWED |
| CN | Needs a special use permit | USES ALLOWED |
| CG | Needs a special use permit | USES ALLOWED |
| PQP | Needs a special use permit | USES ALLOWED |
| CIC | Needs a special use permit — see note Note 20: Day care centers are allowed in the IP and TEC Zoning Districts as incidental uses to the primary TEC or IP development, not as a standalone use. | USES ALLOWED |
| TEC | Needs a special use permit — see note Note 20: Day care centers are allowed in the IP and TEC Zoning Districts as incidental uses to the primary TEC or IP development, not as a standalone use. | USES ALLOWED |
| IP | Needs a special use permit — see note Note 20: Day care centers are allowed in the IP and TEC Zoning Districts as incidental uses to the primary TEC or IP development, not as a standalone use. | USES ALLOWED |
| UVC | Needs a special use permit | USES ALLOWED |
| UV | Needs a special use permit | USES ALLOWED |
| MUC | Needs a special use permit | USES ALLOWED |
| MUN | Needs a special use permit | USES ALLOWED |
| UR | Needs a special use permit | USES ALLOWED |
| TR | Needs a special use permit | USES ALLOWED |
| MS-C | Needs a special use permit | USE REGULATIONS |
Zones where it is not allowed
What else applies
- Excluded on purpose: "Child Day Care Center located on an existing school site or as an incident to an on-site church/religious assembly use ..." (P in S1 OS/A, S2, S3, S5, S7) and "co-located with Multifamily housing development" (P in some zones). Both are special rows.
- 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: Planned Development (PD) and other zones outside the seven supplied chapters; MS-G cells where the three frontage columns differ. Overlay zones and specific plans can also change the answer.
Other uses in San Jose
Who this affects
Frequently asked questions
Can I have a child care center in the R-1 zone in San Jose?
Only with a special use permit. San Jose's use table lists it that way in R-1 (USES ALLOWED).
Can I have a child care center in the LI zone in San Jose?
No. San Jose's use table does not allow it in LI (USES ALLOWED).
Can I have a child care center in the DC zone in San Jose?
Yes, with a condition. San Jose's use table lists it as allowed in DC (USES ALLOWED). The code adds a condition: “[Applies only inside the Downtown Active Use Area] Not permitted in corner tenant spaces. Corner tenant spaces are defined as storefronts that extend up to or beyond 30 feet along the street in either direction from…”
General information, not legal advice.
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