Opinions please - California related

April 5, 2010

Posted By paul plutae on 4/4/2010 at 12:30 PM

Even though the following is a California Board Opinion I would like to hear what others would have to say about it.

I have been told from one of my peers, who is in fairly constant communication with our state board, that if a surveyor does a setback certification for a new addition(s) and shows on a map or states in a letter the distance from the pre poured wooden concrete forms for an addition or the sidewall or foundation of the existing residence where the addition is to be joined to the lot line, that a Corner Record *has* to be filed since our board considers those distances at those items a monument to the lot line.

I disagree with this for these reasons:

1. If the foundation line is shown for the existing where it matches the new addition it will most likely be covered up with a new water seal or stucco facing or be altered in such a way that the location of the original measurement for the setback certification will be lost.

2. In the case of a distance to an existing stucco facing, unless that facing is perfectly parallel with the lot line and is the same distance away from the lot line along it’s length to the lot line that the location of the original location cannot be reproduced without some physical monument being placed upon the stucco face.

These types of surveys are just to satisfy the zoning setback requirements of the city or county and what the actual zoning setback item is, foundation line or stucco facing, has never really been defined by the state board to my limited knowledge. The accuracy of the dimensions are also to the nearest tenth of a foot, which adds to the disability of any retracement.

Though I heartily disagree with the board ruling I am preparing a CR now showing these items.

Any other thoughts?

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