This bulletin outlines the necessary licenses, permits,
and clearances required to legally operate a child care
program in the City of San José.
WHAT IS A CHILD CARE BUSINESS?
Child care is any regularly scheduled supervision provided
to children under the age of 18 when they are not with their
parents. It can be provided either in family child care homes
or in child care centers.
Family child care homes may care for a maximum of 14
children under age 18 in the home of the service provider,
including any children residing in the home. Based on
certain criteria, the State allows family child care homes
by right ― approval by local government is not needed. To
operate, a family child care home requires:
▪ A State of California Family Child Care License
▪ Payment of the City business license tax
▪ A City building permit and fire permit for any alterations
to the home
▪ A Fire Department clearance permit if the home serves
seven or more children
Child care centers provide care for any number of children
under age 18 years of age in a non-residential setting. To
operate, a child care center requires:
CHILD CARE CENTER
PERMITS & CLEARANCES
▪ A State of California Child Care Center License
▪ Payment of the City business license tax
▪ A City building permit and fire permit for any alterations
to the facility
▪ A City-issued conditional use permit
▪ A Fire Department clearance permit
CHILD CARE BUSINESS REGULATIONS
The City of San José regulates the siting of child care
businesses under the Municipal Code Zoning Ordinance
and the City Council policy on Guidelines for Child Care. The
Zoning Ordinance requires a conditional use permit for any
child care center in any zoning designation. The guidelines
outline the project characteristics that are necessary for
approval of a conditional use permit.
Child care centers in neighborhoods . This is important:
Adhering to the provisions of the Guidelines for Child Care
for facility location, traffic and circulation, parking and
drop-off zones, site design and open space, number of
children proposed, noise control, and facility operation
will help to achieve a measure of compatibility with the
surrounding neighborhood. Expect to submit an operations
and management plan that shows and provides details
on these aspects of your center. You are encouraged to
contact residents and business owners in the targeted
neighborhood to discuss the proposed project before
you apply for a conditional use permit. Hours and days of
operation for a child care center adjoining a residential
property are 6:00 a.m. to 7:00 p.m., Monday through Friday.
Child care centers in existing schools or churches . If you
are planning to open a child care center as part of and on the
same property of an existing school or church, you do NOT
need to secure a Conditional Use Permit. All other types of
clearances and permits may still be applicable and required.

GETTING HELP WITH REGULATIONS AND PERMITS
Before you invest in a child care business, contact
the following experts who can help you understand
requirements, costs, and the path to the successful launch
of your business:
▪ Talk with staff in the San José Public Library Early
Education Unit; call 408-808-2617.
▪ Seek no-cost assistance from the City’s Business
Coaching Center. Our coaches speak English, Spanish,
and Vietnamese and are here specifically to help small
businesses through the permitting process.
▪ Speak with a City planner (call 408-535-3555) to learn
about basic project and permit requirements. You can also
make an appointment for a fee-based Preliminary Review
that will provide detailed direction on the codes, policies,
and development review processes that may be applicable
to your project. Preliminary Review can help ensure that
your plans are designed to meet City standards.
▪ Consult with professional designers with experience in
designing child care centers.
FEES & PROCESSING TIME
Fees can be found at the links shown in the Resources
section. You can also ask a City planner or Small Business
Coach to help you identify applicable City fees. The process
for a conditional use permit typically takes six months from
the date the application is filed. 
RESOURCES
Business Coaching Center
San José City Hall, 1st FL
200 E. Santa Clara Street, San José, CA 95113
www.sanjoseca.gov/BusinessCoach
Business License Tax
San José City Hall, 1st FL
200 E. Santa Clara Street, San José, CA 95113
For fees and information, visit:
www.sanjoseca.gov/index.aspx?nid=1154
Permits & Clearances
Permit Center, San José City Hall, 1st FL
200 E. Santa Clara Street, San José, CA 95113
www.sanjoseca.gov/PermitCenter
Conditional Use Permit
Planning staff: 408-535-3555
View: Guidelines for Child Care
Fees: http://www.sanjoseca.gov/documentcenter/
view/45349
Building Permit
Building permit staff: 408-535-3555
View: How to Get A Building Permit
Fees: http://www.sanjoseca.gov/DocumentCenter/
View/47168.
Fire Clearance
Fire Prevention staff: 408-535-3555
Fees: http://www.sanjoseca.gov/DocumentCenter/
View/7284
Public Works Clearance
Public Works staff: 408-535-3555
Fees: http://www.sanjoseca.gov/DocumentCenter/
View/4803
San José Public Library Early Education Unit
408-808-2617
www.sjpl.org/earlyeducation
State Department of Social Services
Community Care Licensing Division
111 N. Market Street, Suite 300, San José, CA 95113
408-277-1286
For fees and information, visit www.ccld.ca.gov