TO: HONORABLE MAYOR
AND CITY COUNCIL
FROM: Emily S. Lam
Chris Burton
SUBJECT: See Below DATE: August 10, 2026
Approved
Date:
8/18/26
COUNCIL DISTRICT: Citywide
SUBJECT: Amendment to City Council Policy 6-14, Guidelines for Child Care
RECOMMENDATION
Adopt a resolution amending City Council Policy 6-14
1, Guidelines for Child Care, to
incorporate current state regulations (Assembly Bill 752) and applicable local regulations for child daycare facilities.
SUMMARY AND OUTCOME
Approval of the recommendation amends City Council Policy 6-14, Guidelines for Child Care, to comply with State Assembly Bill 752
2 and Title 20 of the San José Municipal
Code.
BACKGROUND
On September 28, 1982, the City Council adopted City Council Policy 6-14, Guidelines for Child Care, with a subsequent amendment approved on June 24, 2003. This policy provides child care providers with clear design guidance to ensure safe environments for children in care and promotes compatibility between facilities and their surrounding neighborhoods. It consolidates applicable guidelines into a single policy for use.
On June 2, 2026, the City Council approved amendments to the San José Municipal Code Title 20 (Zoning Ordinance or Zoning Code) to allow Child Day Care Centers in
1 https://www.sanjoseca.gov/home/showpublisheddocument/12793/636669914949630000 2 https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202520260AB752 COUNCIL AGENDA: 9/1/26
FILE: 26-891
ITEM: 2.11
HONORABLE MAYOR AND CITY COUNCIL
August 10, 2026
Subject: Amendment to City Council Policy 6-14, Guidelines for Child Care
multi-family housing developments under Assembly Bill 752.3Accordingly, City Council Policy 6-14, Guidelines for Child Care, must be amended to be in compliance with these state and local requirements.
ANALYSIS
Since the last amendment to the policy in 2003, there have been local and state requirement changes to child care centers and family child care facilities.
In October 2025, California passed Assembly Bill 752 to require that daycare centers co-located with multifamily housing be treated as a residential use of property and permitted by right, extending the same treatment already given to small and large family daycare homes under the California Child Day Care Facilities Act. As such, these do not require a Special Use Permit. The bill also prohibits local jurisdictions from imposing a business license charge, tax, or equivalent fee on daycare centers co-located with multifamily housing.
Similarly, there have been local requirement changes. The San José Municipal Code previously required a Conditional Use Permit for child care facilities; however, as of July 2020, it now requires a Special Use Permit instead, streamlining the permitting process.
To align with state law and the San José Municipal Code, staff reviewed City Council Policy 6-14 and incorporated provisions allowing child care centers within multifamily housing developments. Additionally, staff made minor administrative updates to the policy to remove outdated language, update references, and improve clarity.
EVALUATION AND FOLLOW-UP
No additional follow-up action with the City Council is expected at this time.
COORDINATION
This memorandum has been coordinated with the City Attorney’s Office and the City Manager’s Budget Office.
3 https://sanjose.legistar.com/LegislationDetail.aspx?ID=8033866&GUID=5BAE08F4- 029E-4D27-95F6- 045592FFFFD2&Options=&Search=
HONORABLE MAYOR AND CITY COUNCIL
August 10, 2026
Subject: Amendment to City Council Policy 6-14, Guidelines for Child Care
PUBLIC OUTREACH
This memorandum will be posted on the City Council Agenda website for the September 1, 2026 City Council meeting.
BOARD, COMMISSION, COMMITTEE RECOMMENDATION AND INPUT
No board, commission, or committee recommendation or input is associated with this action.
CEQA
Not a Project, File No. PP17-008, General Procedure and Policy Making resulting in no changes to the physical environment.
PUBLIC SUBSIDY REPORTING
This item does not include a public subsidy as defined in section 53083 or 53083.1 of the California Government Code or the City’s Open Government Resolution.
Emily S. Lam
Director, City Manager’s Office of
Administration, Policy, and
Intergovernmental Relations
Chris Burton
Director, Planning, Building, and Code
Enforcement Department
For questions, please contact Shirley Duong, Assistant to the City Manager, City Manager’s Office of Administration, Policy and Intergovernmental Relations, at [email protected].