Agenda 05-28-2002 - Laserfiche WebLink

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0019 Date: October 11, 2001 To: Schools and Land Use Council s From: Adequate Public School Facilities Program Planners, School Administrators and Attorney Work Group Enclosed with this memorandum are revised versions of the model Ordinance and model MOU to implement the Adequate Public School Facilities program in Orange County. They have been revised since the last time you looked at these documents to address concerns about the ability under previous drafts for larger developments to obtain certificates of adequate public schools and "lock up" school capacity. One of the concerns expressed was that other projects which contain amenities, for example, affordable housing, might not be able to be built because the school capacity is reserved for one or more large projects. The other concern expressed was that as proposed, the MOU and the Ordinance could result in certificates being issued significantly prior to development approval so as to "lock up" school capacity unnecessarily. The new documents address these concerns by requiring local government approval of a development before the certificate of adequate public schools facilities application is made. Local government approval of the development.will be contingent on the development applicant thereafter receiving the necessary .certificate from the Board of Education. Furthermore, the documents provide that the certificate can be issued according to a phasing plan that is incorporated into the development approval and which would limit the rate at which new dwellings within the development_zould be constructed. These changes to the structure of the documents, in the opinion of the members of the work group, address the concerns as far as they can be addressed. In that ' regard, consideration was given to limiting the life of