Benicia · Land use · Child care center
Where is a child care center allowed in Benicia?
In Benicia, a child care center is allowed in 2 base zones (RH and CC, all with a condition), needs an use permit in 2 (CO and CW, all with a condition) and not allowed in 1 (Benicia use tables, read October 2026).
Key points
- Allowed: RH and CC
- Needs a permit: CO and CW
- Not allowed: CG
Find your lot's zone on the city zoning map, then read its row. Every status below was read from the Benicia 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
Benicia's code calls this use “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 |
|---|---|---|
| RH | Allowed — see note Note L-2: In the HZ district, uses are permitted on the ground floor of multifamily residential buildings when not exceeding 20 percent of gross floor area. Note L-6: In the RS and RM districts, a day care center is a permitted use only when operated on the grounds within the facilities of a duly permitted religious assembly or school. | § 17.24.020 |
| CC | Allowed — see note Note L-3: A designated drop-off and pick-up area shall be provided on site, which shall be designed and constructed in concert with the improvements required to comply with Chapter 17.74 (Off-Street Parking and Loading Regulations). | § 17.28.020 |
| CO | Needs an use permit — see note Note L-3: A designated drop-off and pick-up area shall be provided on site, which shall be designed and constructed in concert with the improvements required to comply with Chapter 17.74 (Off-Street Parking and Loading Regulations). | § 17.28.020 |
| CW | Needs an use permit — see note Note L-3: A designated drop-off and pick-up area shall be provided on site, which shall be designed and constructed in concert with the improvements required to comply with Chapter 17.74 (Off-Street Parking and Loading Regulations). | § 17.28.020 |
Zones where it is not allowed
CG.
What else applies
- RS and RM: P only when operated on the grounds of a religious assembly or school (L-6). HZ: only on the ground floor of multifamily buildings up to 20 percent of floor area (L-2). OS and PS: only within a religious assembly (OS L-2) or existing religious assembly, school, park or club facility (PS L-1). Industrial zones use the row "Day Care, General" (U in IL, IG, IP; accessory to manufacturing, L-2).
- 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: PD (Planned Development) district has no use table (S6); Zone names for RS, RM, RH, HZ, CC, CO, CG, CW, IL, IG, IW, IP are not stated in the packet text; Housing Opportunity Sites overlay (S10) adds group residential, multifamily, supportive and transitional housing as P. Overlay zones and specific plans can also change the answer.
Other uses in Benicia
Who this affects
Frequently asked questions
Can I have a child care center in the CO zone in Benicia?
Only with an use permit. Benicia's use table lists it that way in CO (§ 17.28.020). The code adds a condition: “A designated drop-off and pick-up area shall be provided on site, which shall be designed and constructed in concert with the improvements required to comply with Chapter 17.74 (Off-Street Parking and Loading…”
Can I have a child care center in the CG zone in Benicia?
No. Benicia's use table does not allow it in CG (§ 17.28.020).
Can I have a child care center in the RH zone in Benicia?
Yes, with a condition. Benicia's use table lists it as allowed in RH (§ 17.24.020). The code adds a condition: “In the HZ district, uses are permitted on the ground floor of multifamily residential buildings when not exceeding 20 percent of gross floor area. In the RS and RM districts, a day care center is a permitted use only…”
General information, not legal advice.
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