COUNCIL AGENDA: 9/1/26
ITEM: 2.11
TO: HONORABLE MAYOR AND
CITY COUNCIL
FROM: Mayor Mahan
Councilmember Campos
Councilmember Casey
Councilmember Cohen
Councilmember Tordillos
SUBJECT: SEE BELOW DATE: September 1, 2026
Approved: Date:
8/28/2026
SUBJECT: Council Policy 6-14 “Guidelines for Child Day Care”
RECOMMENDATIONS
1. Accept the staff recommendation.
2. Direct the City Manager to include the following new ordinance and policy considerations in the Department of Planning, Building, and Code Enforcement’s Citywide Planning Work Plan Reprioritization item that is currently scheduled for the October 6, 2026, City Council meeting:
a) Repeal of Council Policy 6-14;
b) Amendments to Title 20 (Zoning Ordinance or Zoning Code) of the San José Municipal Code to allow child day care center as a permitted use in the Commercial Pedestrian, Commercial Neighborhood, Commercial General, and Public/Quasi- Public Zoning Districts; and
c) Amendments to Title 20 (Zoning Ordinance or Zoning Code) allowing child day care center use exceeding 60 children and on sites less than 10,000 square feet with a Special Use Permit.
COUNCIL AGENDA: 9/1/26
ITEM: 2.11
BACKGROUND
The City of San José has a vested interest in supporting the creation of new childcare and day care centers, both to promote small businesses and improves access to family services in our community. However, the Zoning Code and Council Policy 6-14 (Guidelines for Child Day Care) as written create a highly restrictive environment for the development of new Child Day Care Center uses.
The core issue is that, outside of co-location with multifamily housing or narrowly defined development on church/school properties, childcare operators must seek a discretionary Special Use Permit in order to receive project approval. A Special Use Permit carries a fee of $20,639 and takes and estimated 7 months to process.
In addition to this significant hurdle, Child Day Care Center uses must also adhere to guidelines set forth in Council Policy 6-14, which are highly prescriptive, outdated, and offer guidance on project elements that are addressed through state licensing. Childcare is one of the only land uses regulated by a council policy in San José. The discretionary permitting process should be sufficient to review childcare uses with little to no changes to the Zoning code.
Going a step further, the City must reexamine its prohibition of by-right zoning for Child Day Care Center uses in any Zoning designation (outside of the exceptions mentioned above).
Introducing childcare and day care uses in locations zoned for Commercial and Public/Quasi- Public minimizes the potential for conflicts with existing residential uses, and largely reflects where childcare centers have historically been permitted in the City.
Proposals for large childcare and day care centers in excess of sixty (60) children present greater issues in terms of on-site circulation and short-term parking for pick-up and drop-off. In these instances, discretionary approval through a Special Use Permit would prove valuable. This standard is consistent with the approach by the City of Redwood City. The 10,000-square-foot size requirement would carry over the stated, subjective goals of Council Policy 6-14, which advises a minimum lot size for on-site circulation, play areas and short-term parking.
COUNCIL AGENDA: 9/1/26
ITEM: 2.11
The signers of this memorandum have not had, and will not have, any private conversation with any other member of the City Council, or that member’ s staff, concerning any action discussed in the memorandum, and that each signer’ s staff members have not had, and have been instructed not to have, any such conversation with any other member of the City Council or that member's staff.