Hayward, CA Building Safety: Childcare Center Rules (2026)
Key Facts
- Day Care Center threshold
- 15 or more children or adults served
- Day Care Home threshold
- 14 or fewer, State-licensed
- Neighborhood Edge zone
- Day Care Center not allowed
- Most Downtown zones
- Permitted by right
- MB-CS1 zone
- Conditional Use Permit required
- Agricultural District
- Administrative Use Permit for 15+ care
Summary
Hayward zoning splits child care into two use categories: a 'Day Care Center' serving 15 or more children or adults, defined at Section 10-1.3510, and a smaller 'Day Care Home' serving 14 or fewer. Table 2.3.010.A permits a Day Care Center by right in every Downtown zone except Neighborhood Edge, where the use is not allowed at all.
DAY CARE CENTER. A facility which provides non-medical care to 15 or more children and/or adults in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a 24-hour basis. May include pre-schools, infant centers, and extended day care facilities. ... Table 2.3.010.A Allowed Uses in Downtown Zones NE NG UN UN-L DT-MS UC ... Day Care Center - P P P P P
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Municipal Code: Supplement 28 Update 1 | Charter: Supplement 1).
Full Breakdown
3510 defines a 'Day Care Center' as a facility providing non-medical care to 15 or more children and/or adults needing supervision or assistance with daily living, on less than a 24-hour basis, expressly covering pre-schools, infant centers, and extended day care facilities. That threshold matters because it is what separates a Day Care Center from the smaller state-licensed 'Day Care Home,' capped at 14 people including any resident children under 10. Where a center can locate depends on the zone. 010, allows a Day Care Center by right in the Neighborhood General, Urban Neighborhood, Urban Neighborhood-Low, Downtown Main Street, and Urban Center zones, but bars it entirely in the Neighborhood Edge zone.
In the Mission Boulevard Corridor zones, a separate use table permits a Day Care Center by right in MB-CN, MB-NN, and MB-CC but requires a Conditional Use Permit in MB-CS1. 2015. Because the definition tracks state licensing categories rather than setting Hayward's own occupancy or building standards, a center operator still has to secure a state Community Care Licensing permit and meet the California Building and Fire Codes' assembly-occupancy requirements separately from the City's zoning permit.
Violations & Fines
Operating a Day Care Center in a zone the use table marks as not allowed, or without the Conditional or Administrative Use Permit a table requires, violates the Zoning Ordinance and is enforceable as an infraction or misdemeanor under Section 1-3.00. The Planning Director can withhold Zoning Compliance verification under Section 10-1.2810, blocking occupancy or utility service, and fines are capped by Government Code Sections 36900 and 36901.
Frequently Asked Questions
What counts as a Day Care Center under Hayward zoning?
Can I open a day care center in any Hayward neighborhood?
Is a small home day care treated differently than a day care center in Hayward?
Sources & Official References
Other rules in Hayward
California rules heatmap·Compare Hayward to another location·View the California building safety overview
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