Milpitas, CA Home Business: Home Daycare (2026)

Under the City of Milpitas Comprehensive Zoning Ordinance, small family child care homes and large family child care homes are listed as permitted uses in residential zones. Consistent with California state law (the California Child Day Care Facilities Act and Health & Safety Code 1597.40-1597.465), a small family child care home is treated as a residential use of property, so the city cannot require a zoning permit or business license solely for operating one. For large family child care homes, Zoning Ordinance Section C.10.140 (Large Family Child Care and Child Care Centers) sets development standards: large family child care homes must be spaced at least 300 feet apart from each other, though the Planning Commission may allow them closer through a Conditional Use Permit; off-street parking must be provided consistent with the city's parking and loading chapter; and large family childcare homes may not operate before 6:30 a.m. or after 7:30 p.m. By contrast, child care centers (larger commercial facilities) generally require a Conditional or Minor Conditional Use Permit. All family child care homes must be licensed by the California Department of Social Services, Community Care Licensing Division (Title 22). Under state law (SB 234), cities may not impose business license fees or special use permits on small or large family child care homes beyond what state law allows.