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.0 UIN <br /> )D��c G <br /> f <br /> ' N 1 < <br /> JOHN F CHEADLE PATRICIA M FREDERICK <br /> COUNTY COUNSEL •q<-�� �P• DE PUTY COUNTY COUNSEL <br /> �F p N <br /> PATRICK H CURRAN GEORGE H CUNNINGHAM <br /> CHIEF LITIGATION DEPUTY OFFICE OF THE DEPUTY COUNTY COUNSEL <br /> MICHAEL MCGREW REBECCA DAVIS FELIX <br /> DEPUTY COUNTY COUNSEL <br /> CHIEF DEPUTY COUNTY COUNSEL FRANK V. BRUNO, JR. <br /> TERRENCE R DERMODY DEPUTY COUNTY COUNSEL <br /> CHIEF DEPUTY COUNTY OF SAN JOAQUIN DAVID T. HAYDEN <br /> COURTHOUSE. ROOM 711 DEPUTY COUNTY COUNSEL <br /> GILBERTO GUTIERREZ <br /> 222 EAST WEBER AVENUE DEPUTY COUNTY COUNSEL <br /> STOCKTON, CALIFORNIA 95202 SANDRA MICHAEL AFFONSO <br /> DEPUTY COUNTY COUNSEL <br /> TELEPHONE 944.9551 (AREA CODE 2081 <br /> DAVID WOOTEN <br /> August 7 , 1986 DEPUTY COUNTY COUNSEL <br /> ATTACHMENT ZZ <br /> M E M 0 R A N D U M: <br /> TO: CHET DAVISSON, Dept. of Planning & Building Inspection <br /> FR: SANDRA MICHAEL AFFONSO, Deputy County Counsel <br /> RE: Zoning Regulations Regarding Fences and Setbacks <br /> Unfortunately, I will not be able to attend the subcommittee <br /> meeting for the fence and setback discussion tonight . However , I am <br /> enclosing some general information pertaining to the legal con- <br /> siderations for imposing fence and setback restrictions in residential <br /> areas . I'd appreciate your sharing this memo and its attachments with <br /> the subcommittee members , since it may be helpful in the discussion. <br /> The recent controversy over the imposition of the zoning regula- <br /> tions in the Morada Area raises a number of legal issues that should <br /> not be overlooked in considering the land use issues . As indicated in <br /> the attachments , building setbacks were originally imposed so that <br /> street widening would occur (when increased traffic demanded it ) <br /> without the necessity of tearing down buildings . Today , traffic and <br /> pedestrian safety has become a primary issue when considering <br /> appropriate setbacks and fence height requirements . Recently, the <br /> Appellate Court found the local government liable for injuries <br /> sustained in a car accent cause it allowed a �truc_ture to be main- <br /> tained on private property which obstructed the views of oncoming —"— <br /> traffic. <br /> Consequently, it is critical to examine public safety factors when <br /> considering proposed changes to our zoning regulations , was well as <br /> the at-hIet-i-c- characteristics and potential development of the par- <br /> ticufar arias . The public safety considerations will probably require <br /> an engineering expert in order to properly establish criteria in <br /> regards to traffic visability and pedestrian safety. <br />