Westminster, CA Home Business: Home Daycare (2026)

Child day care in Westminster homes is regulated by Municipal Code section 17.400.035 within the framework of California's Family Day Care Home statutes (Health and Safety Code section 1597.30 and following). Under state law, a small family day care home (generally serving up to 8 children) must be treated as an ordinary residential use — cities cannot require a use permit for it — while a large family day care home may be subject to, at most, a use permit and reasonable standards. Westminster follows this structure: a large family day care home requires approval of an Administrative Use Permit under Chapter 17.550 (Administrative Use Permits and Conditional Use Permits) and must meet additional City provisions. Those provisions require, among other things, 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, located on the same or an adjoining lot but not in any required front yard; a minimum of 1,000 square feet of contiguous rear-yard open space; and, where off-street parking on an adjacent lot is used, that it be located within 300 feet of the entrance of the primary building. The operator must also obtain and keep current all licenses and permits required by state law (Community Care Licensing). The home must remain the operator's principal residence, the day care use must be clearly incidental and secondary to the residential use, and the property must not be structurally altered in a way adverse to the residential character. The day care must not generate noise (consistent with Municipal Code section 8.28.040), traffic, parking, or demand for utilities beyond what is normal for residential use. Contact the Planning Division at (714) 548-3247.