Milpitas · Land use · Child care center
Where is a child care center allowed in Milpitas?
In Milpitas, a child care center is needs a permit in 18 (R1, R2, R3, R4, MHP and 13 more, 2 with a condition) and not allowed in 2 (Milpitas use tables, read October 2026).
Key points
- Needs a permit: R1, R2, R3, R4, MHP, CO, C1, C2 and 10 more
- Not allowed: M1 and M2
Find your lot's zone on the city zoning map, then read its row. Every status below was read from the Milpitas 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
Milpitas's code calls this use “Child 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 |
|---|---|---|
| R1 | Needs a minor conditional use permit (zoning administrator) | § B.4.020 |
| R2 | Needs a minor conditional use permit (zoning administrator) | § B.4.020 |
| R3 | Needs a minor conditional use permit (zoning administrator) | § B.4.020 |
| R4 | Needs a minor conditional use permit (zoning administrator) | § B.4.020 |
| MHP | Needs a minor conditional use permit (zoning administrator) | § B.4.020 |
| CO | Needs a minor conditional use permit (zoning administrator) | § B.6.020 |
| C1 | Needs a minor conditional use permit (zoning administrator) | § B.6.020 |
| C2 | Needs a minor conditional use permit (zoning administrator) | § B.6.020 |
| HS | Needs a minor conditional use permit (zoning administrator) | § B.6.020 |
| MXD | Needs a minor conditional use permit (zoning administrator) | § B.8.020 |
| MXD3 | Needs a minor conditional use permit (zoning administrator) | § B.8.020 |
| NCMU | Needs a conditional use permit | § B.8.020 |
| TC | Needs a conditional use permit | § B.8.020 |
| MP | Needs a minor conditional use permit (zoning administrator) — see note Note 1: Limited to accessory uses that support primary employment-generating uses on the same site. Accessory commercial uses such as restaurants and convenience retail shall be located on the ground floor and in an area of the development where they can be directly accessed by the public. | § B.10.020 |
| BPRD | Needs a minor conditional use permit (zoning administrator) — see note Note 1: Limited to accessory uses that support primary employment-generating uses on the same site. Accessory commercial uses such as restaurants and convenience retail shall be located on the ground floor and in an area of the development where they can be directly accessed by the public. | § B.10.020 |
| A | Needs a minor conditional use permit (zoning administrator) | § B.18.020 |
| I | Needs a minor conditional use permit (zoning administrator) | § B.18.020 |
| POS | Needs a minor conditional use permit (zoning administrator) | § B.18.020 |
Zones where it is not allowed
What else applies
- Standards for this use: Section C.10.140 (Large Family Child Care and Child Care Centers); text not in supplied sections.
- Large and Small Family Child Care Homes are separate rows (P in residential and mixed use). Pet Day Care and Sales is an animal use.
- 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: Metro Specific Plan zones (S5) are a specific plan and left out; Table notes for each cell are included where a mark is shown. Overlay zones and specific plans can also change the answer.
Other uses in Milpitas
Who this affects
Frequently asked questions
Can I have a child care center in the R1 zone in Milpitas?
Only with a minor conditional use permit (zoning administrator). Milpitas's use table lists it that way in R1 (§ B.4.020).
Can I have a child care center in the M1 zone in Milpitas?
No. Milpitas's use table does not allow it in M1 (§ B.10.020).
General information, not legal advice.
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