Westminster, CA Building Safety: Childcare Center Rules (2026)
Key Facts
- State licensing
- Required from CA Dept. of Social Services
- Minimum play area
- 600 sq ft for up to 6 children
- Additional area
- 75 sq ft per child over 6
- Play area location
- Same or adjoining lot, never front yard
- Governing section
- § 17.400.035.B, Day Nurseries and Nursery Schools
Summary
Westminster requires every child day care center to hold current State of California licensing and permits, and to provide a single outdoor green play area of at least 600 square feet, plus 75 additional square feet per child above six enrolled, located outside the required front yard under Section 17.400.035.B.
This Section provides location, development, and operating standards for child day care facilities, in a manner that recognizes the needs of childcare operators and minimizes the effects on surrounding properties. These standards apply in addition to the other provisions of this Title and requirements imposed by the California State Department of Social Services. Licensing by the Department of Social Services is required for all facilities.
B. Day Nurseries and Nursery Schools
1. Operation restrictions.
a. All child day care centers shall comply with all applicable State of California regulations and requirements at all times.
b. The business operator shall obtain all licenses and permits required by State law for the operation of the facility. The provider shall keep all State licenses or permits valid and current.
2. Development standard. There shall be a single green play area of not less than 600 square feet plus an additional 75 square feet for each child in excess of six. Such play area shall be located on the same or on an adjoining lot, but shall not be located in any required front yard.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4982734; v10 updated 2026-06-10).
Full Breakdown
035, Child Day Care Facilities, opens by making clear that its city standards apply on top of, not instead of, the licensing requirements imposed by the California State Department of Social Services: every facility must be licensed by the State regardless of what the zoning code separately requires. Subsection B addresses day nurseries and nursery schools specifically, the commercial center model of child care as distinct from a home-based large or small family day care governed elsewhere in the same Section. 1 require continuous compliance with all applicable State of California regulations, and place the burden on the business operator to obtain and keep current every State license and permit needed to run the facility; a lapsed State license puts the center out of compliance with the City's zoning approval as well.
2 sets a physical site requirement: a single green, landscaped, outdoor play area of at least 600 square feet for up to six children, with an additional 75 square feet required for every child enrolled beyond six, so a larger center must provide proportionally more outdoor play space. That play area may sit on the same lot as the center or on an adjoining lot, giving some flexibility for centers without enough room on a single parcel, but it can never be located within the property's required front yard, keeping play space out of view from and access to the street.
Violations & Fines
A day care center operating without a current State Department of Social Services license, or without the required 600-square-foot, plus 75 square feet per child over six, play area, is out of compliance with Section 17.400.035 and Title 17 generally. Section 17.650.010 treats that as a public nuisance and a misdemeanor, prosecutable as an infraction, with each day of continued violation a separate offense.
Frequently Asked Questions
How big must a Westminster day care center's play area be?
Does a day care center need a state license in addition to a city permit?
Can a day care center's play area go on a different lot?
Sources & Official References
Other rules in Westminster
California rules heatmap·Compare Westminster to another location·View the California building safety overview
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Childcare Center Rules in Nearby Cities
How other cities in Orange County handle childcare center rules.