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15 <br />7. Appeal of School District Denial of a. CAPS. <br />The applicant for a CAPS which is denied by the School District may, within 30 <br />days of the date of the denial, appeal the denial to the [governing body] of [local <br />government from which development permit is sought]. Any such appeal shall be heard <br />by the [governing body] at an evidentiary hearing before it. At this hearing the School <br />District will piesent its reasons for the denial of the CAPS and the evidence it relied on in <br />denying the CAPS. The applicant appealing the denial may present its reasons why the <br />CAPS application should have, in its view, been approved and the evidentiary basis it <br />contends supports approval. The •[governing body] may (1) ~ concur with the <br />' decision of the School District, (2) remand to the School District for further proceedings <br />in the event evidence is presented at the hearing before the [governing body] not brought <br />before the School District or, (3) r t the School <br />District -t decisi .The [governing hody] will only <br />• im nd rec if it I`inds that~}~r the CAPS should have been issued <br />by the 5ehool District as prescribed in the Memorandum of l;Jnderstanding among the <br />School District, Orange County and the [-governing body]. A decision of the [governing <br />body] affirming the School District may be appealed by the applicant for a CAPS by <br />proceedings in the nature of certiorari and: as prescribed for an appeal under Scetiori 5(d) <br />of this .ordinance- <br />l3- lnformation Reciuired From Applicaets, <br />The applicant fox a CAPS shall submit to the School District all information <br />reasonably deemed necessary by the School District to determine whether a CAPS should <br />be issued urider the provisions of the .Memorandum of Understanding between the <br />[governing body], Orange County, and the School District_ An applicant for a CAPS <br />special exception or an applicant appealing a CAPS denial by the.School District shall <br />submit to the [governing body] all information reasonably deemed necessary by the <br />[governing body] to determine whether a special exception should be granted as provided <br />in Section b(d) of this ordinance or for the hearing of an appeal of a School District <br />denial of a CAPS as provided in. Section 7 of this ordinance. A copy of a request for a <br />C~1.PS special exception or of an appeal of a School District denial of a CAPS shall be <br />served on the superintendent of the School District. Service may be made by persona] <br />delivery. or certified mail, return receipt requested. <br />Section 2. This ordinance shall become effective <br />The foregoing ordinance, having been submitted to g vote, received the fallowing vote <br />and was duly adopted this • day of ~_ - 2004. <br />~,~__~ <br />Ayes: <br />Noes: <br />Absent or Excused: <br />