Milpitas, CA Building Safety: Childcare Center Rules (2026)

Section C.10.140 of the Milpitas Municipal Code, adopted by Ordinance No. 38.858 on September 2, 2025, applies to both large family child care homes and child care centers permitted under Part XIII-B (Zone Regulations). The Section states its purpose is to establish standards specific to child care facilities in compliance with state law, and its Applicability clause extends those standards to every child care center allowed in the zoning code. Under the Table B.4.020-A Residential Zones Use Regulations, a Child Care Center is marked 'MC', meaning it needs a Minor Conditional Use Permit approved by the Zoning Administrator, in the R1, R2, R3, R4 and MHP zones alike; the same table marks a Large Family Child Care Home 'P', a use permitted by right, and a Small Family Child Care Home 'n/a', reflecting state law's preemption of local permitting for the smallest homes.

Once the Zoning Administrator takes up an application, Development Standards Subsection C.2 requires off-street parking spaces to be provided and improved consistent with Chapter C.6 (Parking and Loading); the Minor Conditional Use Permit review checks the site plan against that chapter before a center can open. Planning and Neighborhood Services processes the Minor Conditional Use Permit application and the City Business License required of any commercial operation in Milpitas. Operators should read the neighboring Subsections on separation distance and hours of operation, C.10.140.C.1 and C.3, which apply specifically to large family child care homes rather than centers, before assuming either standard governs a center's site plan.