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• <br /> • ¢ 13.05 GROWTH MANAGEMENT 13-35 <br /> dents from the proposed development would exceed capacity in the <br /> nearest school. <br /> In Builders Association v. Superior Court,48 the California Su- <br /> preme Court upheld the adoption of a zoning ordinance limiting <br /> residential development in overcrowded school districts. This local <br /> initiative restricted for a period of two years from its effective date <br /> zoning,prezoning,or rezoning of any land for residential use if such <br /> land were located in an overcrowded school district as defined in the <br /> ordinance. During this two-year moratorium, the municipality was <br /> required to undertake a thorough study of the problems connected <br /> with further residential developments. The ordinance offered an <br /> exception to the zoning freeze if the school certified that the party <br /> seeking residential use has entered into binding agreements to pro- <br /> vide a satisfactory temporary alternative to permanent school con- <br /> struction. The California Supreme Court sustained the initiative <br /> against challenges that it unduly limited municipal zoning powers" <br /> or that the exception did not unlawfully delegate authority over <br /> zoning to the school district.so <br /> [c] Transportation <br /> Localities often establish adequacy standards for subdivision <br /> roads,s' and for adequate access to arterial roads.S2 Street access for <br /> subdivisions may be linked to available public services such as effec- <br /> tive police and fire protection.S3 Communities may also consider the <br /> 48 13 Cal. 3d 225,529 P.2d 582, 118 Cal. Rptr. 158(1974). <br /> 49 "We see no difference in principle between an initiative which bars the city <br /> council from repealing newly enacted zoning restrictions, and one which freezes <br /> existing restrictions; either, to be effective, must limit the power of a hostile city <br /> council to evade or repeal the initiative ordinance."529 P.2d at 586. <br /> 5° Id. at 586. <br /> 51 See § 65.0113][a). <br /> 52 See § 65.01[31[b], (c). <br /> 53 See,e.g.,City Nat'l Bank v.City of Coral Springs,475 So. 2d 984,985-86(Hla. <br /> Dist Ct.App. 1985)(sustaining a"Right Turn Out Only requirement on approval of <br /> a convenience store based on municipal ordinance standards requiring subdividers to <br /> demonstrate safe and adequate access);Olson v.Ada County,665 P.2d 717,721(Idaho <br /> 1983);International Village,Inc.v.Board of County Comm'rs,224 Kan.654,585 P.2d <br /> 999(1978). <br /> (Release #25, 7/87) <br /> • <br />