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0025 <br /> Page 3 <br /> November 22, 2000 <br /> schools. That is, they allow both the County and the Boards of <br /> Education to reasonably respond to the pace of development . In <br /> that context, it is not likely that affordable housing will be <br /> adversely impacted by the CAPS requirement. Affordable housing <br /> Projects have not historically been and are not predicted to be <br /> large enough to in and of themselves cause a CAPS denial. And, <br /> if these projects come along at a time when the School System is <br /> denying all of the CAPS applications it receives, the response <br /> cannot be to increase the overcrowding of the schools by <br /> approving projects which will have that result. The response <br /> also cannot be that the schools and the County must build a <br /> school solely to move an affordable housing project through the <br /> process. <br /> The only sound approach to balancing school facilities and <br /> residential growth (student generation) is to regularly chart <br /> the school children "generated" by growth to see what school <br /> construction will be required. This can be compared with a <br /> fiscal limiting chart (the amount of money reasonably available <br /> for public school facilities) . If the two charted lines "cross, " <br /> work needs to be done. More money must be found for school <br /> construction or countywide (County and Towns) growth-limiting <br /> land use regulations must be implemented. <br /> Although the Schools Adequate Public Facilities Ordinances <br /> and Memorandum of Agreement are not an appropriate place to <br /> address affordable housing, that does not mean that the County <br /> Commissioners along with the other elected officials in Orange <br /> County are not committed to affordable housing. The opposite is, <br /> as we all know, true. <br /> Appeal of a CAPS-Denial- <br /> Another important change in the documents from that which <br /> was recommended by the Schools and Land Use Councils is the way <br /> in which the documents handle appeals of CAPS denials . As <br /> developed by the lawyers, planners and school administrators, <br /> the final administrative decision regarding a CAPS denial rests <br /> with the governing board responsible for issuing development <br /> permits. The Schools and Land Use Councils recommendation was <br /> that that final decision be made by the Boards of Education. <br /> Again, our attorneys advise that the final administrative <br />