SB 1086: Zoning: allowed uses: microschools and micro-education entities.

Existing law authorizes the legislative body of any county or city to adopt ordinances that, among other things, regulate the use of buildings, structures, and land as between industry, business, residences, open space, and other purposes. Existing law requires certain uses, such as a colocation facility or an emergency standby generator proposed to be installed to serve a macro cell tower site, to be permitted uses if the use satisfies certain requirements.

This bill would provide that a microschool or a micro-education entity is considered a permitted use under certain zoning standards, as specified. The bill would prescribe requirements for microschools and micro-education entities. The bill would prescribe local agency approval of, and oversight over, microschools and micro-education entities, including by requiring local agencies to process permits ministerially and without discretionary review or a public hearing. The bill would require the Office of Land Use and Climate Innovation, in consultation with specified state entities, to develop and publish one or more model ordinances to implement these provisions, and require local agencies to adopt these model ordinances, as specified, thereby imposing a state-mandated local program. The bill would define various terms for these purposes.

The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.