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Chapter 154 — SUBDIVISION REGULATIONS

§ 154.206 REMEDIES.

Eureka Zoning Code · 2026-06 edition · updated 2026-07-25 · Eureka

(A) Any deed of conveyance, sale or contract to sell real property which has been divided, or which has resulted from a division in violation of the provisions of this chapter or State Subdivision Map Act is voidable at the sole option of the grantee, buyer or

person contracting to purchase, his heirs, personal representative or trustee in insolvency or bankruptcy within one year after the date of discovery of the violation, but the deed of conveyance, sale or contract to sell is binding upon any successor in interest of the grantee, buyer or person contracting to purchase, other than those above enumerated, and upon the grantor, vendor or person contracting to sell, or his assignee, heir or devisee.

(B) Any grantee or his successor in interest of real property which has been divided or which has resulted from a division, in violation of the provisions of this chapter or the State Subdivision Map Act may, within one year of the date of discovery of such violation, bring an action in the Superior Court to recover any damages he has suffered by reason of such division of property. The action may be brought against the person who divided the property in violation and against any successors in interest who have actual or constructive knowledge of such division of property.

(C) The provisions of this section shall not apply to the conveyance of any parcel of real property identified in a certificate of compliance filed pursuant to Cal. Gov't Code § 66499.35 or identified in a recorded final map or parcel map, from and after the date of recording. The provisions of this section shall not limit or affect in any way the rights of a grantee or his successor in interest under any other provision of law.

(D) This section does not bar any legal, equitable or summary remedy to which the city or other public agency, or any person, firm or corporation may otherwise be entitled, and the city or other public agency, or such person, firm or corporation may file a suit in the Superior Court of the county to restrain or enjoin any attempted or proposed subdivision for sale, lease or financing in violation of this chapter.

(E) The city shall not issue a permit or grant any approval necessary to develop any real property which has been divided, or which has resulted from a division, in violation of the provisions of this chapter or the State Subdivision Map Act if it finds that development of such real property is contrary to the public health or the public safety. The authority to deny such a permit or such approval shall apply whether the applicant therefor was the owner of the real property at the time of such violation or whether the applicant therefor is the current owner of the real property with, or without, actual or constructive knowledge of the violation at the time of the acquisition of his interest in such real property.

th or the public safety. The authority to deny such a permit or such approval shall apply whether the applicant therefor was the owner of the real property at the time of such violation or whether the applicant therefor is the current owner of the real property with, or without, actual or constructive knowledge of the violation at the time of the acquisition of his interest in such real property.

(F) The city, in issuing a permit or granting approval for the development of any such real property, may impose those additional conditions as would have been applicable to the division of the property at the time the current owner of record acquired the property, and which has been established at such time by this division or local ordinance enacted pursuant thereto, except that if a conditional certificate of compliance has been filed for record under the provisions of this subchapter, only such conditions stipulated shall be applicable.

('63 Code, § 10-4.1102) (Ord. 416-C.S., passed 12-6-84)

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▸ Contents — Eureka Zoning Code
Eureka Zoning Code
  1. Article I — NAME AND SEAL; FORM OF GOVERNMENT; BOUNDARIES; MUN…
  2. Article II — ELECTIONS
  3. Article III — CITY COUNCIL
  4. Article IV — MAYOR
  5. Article V — ORDINANCES
  6. Article VI — ADMINISTRATION
  7. Article VII — FISCAL ADMINISTRATION
  8. Article VIII — OFFICERS AND EMPLOYEES
  9. Article IX — FRANCHISES
  10. Article X — INITIATIVE, REFERENDUM AND RECALL
  11. Article XI — MISCELLANEOUS PROVISIONS
  12. Chapter 10 — GENERAL PROVISIONS
  13. Chapter 30 — CITY COUNCIL
  14. Chapter 31 — CITY OFFICIALS
  15. Chapter 32 — CITY DEPARTMENTS
  16. Chapter 33 — BOARDS, COMMISSIONS, AND COMMITTEES
  17. Chapter 34 — PERSONNEL POLICIES
  18. Chapter 35 — FINANCE, REVENUE AND TAXATION
  19. Chapter 36 — HEALTH FACILITY REVENUE BONDS
  20. Chapter 37 — ELECTIONS
  21. Chapter 38 — CIVIL EMERGENCIES
  22. Chapter 39 — CITY POLICY
  23. Chapter 40 — TRANSFERS OF CITY-OWNED REAL PROPERTY
  24. Chapter 50 — SEWERS
  25. Chapter 51 — SOLID WASTE
  26. Chapter 52 — UNDERGROUND UTILITY DISTRICTS
  27. Chapter 53 — WATER
  28. Chapter 54 — STORM WATER QUALITY MANAGEMENT AND DISCHARGE CONT…
  29. Chapter 55 — ENERGY
  30. Chapter 56 — STREETS
  31. Chapter 70 — GENERAL PROVISIONS
  32. Chapter 71 — TRAFFIC RULES
  33. Chapter 72 — STOPPING, STANDING AND PARKING
  34. Chapter 73 — BICYCLES
  35. Chapter 75 — MOBILE VENDORS OPERATING UPON A STREET
  36. Chapter 90 — ABANDONED VEHICLES
  37. Chapter 91 — ANIMALS
  38. Chapter 92 — FIRE PREVENTION
  39. Chapter 93 — PARKS AND RECREATION
  40. Chapter 94 — HEALTH AND SANITATION
  41. Chapter 95 — MUNICIPAL AIRPORT
  42. Chapter 96 — PARADES AND ASSEMBLIES
  43. Chapter 97 — SMOKING
  44. Chapter 98 — STREETS AND SIDEWALKS
  45. Chapter 99 — TRAINS AND RAILROADS
  46. Chapter 100 — HARBOR REGULATIONS
  47. Chapter 101 — FILMING
  48. Chapter 102 — BEEKEEPING
  49. Chapter 103 — PRIVATE SECURITY AND FIRE ALARM SYSTEMS
  50. Chapter 104 — MILITARY EQUIPMENT USE
  51. Chapter 110 — BUSINESS LICENSES
  52. Chapter 112 — AMBULANCES
  53. Chapter 113 — AMUSEMENTS
  54. Chapter 114 — CABLE TELEVISION SYSTEMS
  55. Chapter 115 — FOOD ESTABLISHMENTS AND OUTDOOR DINING AREAS
  56. Chapter 117 — MASSAGE PARLORS
  57. Chapter 118 — SOLICITORS, CANVASSERS, AND SIDEWALK VENDORS
  58. Chapter 119 — SECOND-HAND DEALERS
  59. Chapter 120 — TAXICABS AND LIMOUSINES
  60. Chapter 121 — OTHER VEHICLES FOR HIRE
  61. Chapter 122 — FOREIGN-TRADE ZONE
  62. Chapter 130 — OFFENSES AGAINST PUBLIC PEACE AND SAFETY
  63. Chapter 131 — PROPERTY OFFENSES
  64. Chapter 132 — DRUG OFFENSES
  65. Chapter 133 — WEAPONS OFFENSES
  66. Chapter 134 — ABATEMENT OF CHRONIC NUISANCE PROPERTIES
  67. Chapter 150 — BUILDING REGULATIONS
  68. Chapter 151 — AIRPORT ZONING
  69. Chapter 152 — PLANNING AND ZONING ADMINISTRATION
  70. Chapter 153 — FLOOD HAZARD AREA REGULATIONS
  71. ▸ Chapter 154 — SUBDIVISION REGULATIONS
    Overview
    1. § 154.001 CITATION AND AUTHORITY.
    2. § 154.002 PURPOSE.
    3. § 154.003 CONFORMITY TO GENERAL PLAN, LOCAL COASTAL PROGRAM, S…
    4. § 154.004 APPLICATION.
    5. § 154.005 MODIFICATION OF REQUIREMENTS.
    6. § 154.006 DEFINITIONS.
    7. § 154.007 RESPONSIBILITIES OF OFFICIALS AND ADMINISTRATIVE BOD…
    8. § 154.020 NECESSITY FOR MAPS.
    9. § 154.021 MAPS REQUIRED FOR DIVISION OF LAND.
    10. § 154.022 FEES AND DEPOSITS.
    11. § 154.035 PRELIMINARY MAPS.
    12. § 154.036 TENTATIVE SUBDIVISION MAPS; GOVERNING PROVISIONS.
    13. § 154.037 FORM AND CONTENTS.
    14. § 154.038 ACCOMPANYING DATA AND REPORTS.
    15. § 154.039 SUBMITTAL TO DEPARTMENT OF COMMUNITY DEVELOPMENT; RE…
    16. § 154.040 PLANNING COMMISSION AND CITY COUNCIL ACTION.
    17. § 154.041 APPEALS OF PLANNING COMMISSION ACTION.
    18. § 154.042 EXPIRATION AND EXTENSIONS.
    19. § 154.043 AMENDMENTS TO APPROVED TENTATIVE MAP.
    20. § 154.044 CONSTRUCTION AGREEMENT.
    21. § 154.045 FINAL MAPS; CONFORMANCE TO PROVISIONS; PREPARATION.
    22. § 154.046 SURVEY REQUIRED.
    23. § 154.047 FORM AND CONTENTS.
    24. § 154.048 SUBMITTAL FOR CITY APPROVAL.
    25. § 154.060 PRELIMINARY AND TENTATIVE PARCEL MAPS.
    26. § 154.061 FORM AND CONTENTS.
    27. § 154.062 SUBMITTAL TO DEPARTMENT OF COMMUNITY DEVELOPMENT.
    28. § 154.063 REVIEW AND NOTICE.
    29. § 154.064 ACTION BY DIRECTOR OF COMMUNITY DEVELOPMENT.
    30. § 154.065 APPROVAL AND/OR DENIAL; CONDITIONS OF APPROVAL.
    31. § 154.066 REQUEST FOR REVIEW OF DIRECTOR OF COMMUNITY DEVELOPM…
    32. § 154.067 EXPIRATION AND EXTENSIONS.
    33. § 154.068 AMENDMENTS TO THE APPROVED TENTATIVE PARCEL MAP.
    34. § 154.069 PARCEL MAPS; CONFORMANCE REQUIRED.
    35. § 154.070 SURVEYS REQUIRED.
    36. § 154.071 FORM AND CONTENTS.
    37. § 154.072 SUBMITTAL AND APPROVAL PROCEDURES.
    38. § 154.073 WAIVER OF PARCEL MAP REQUIREMENTS.
    39. § 154.085 AUTHORITY AND PURPOSE.
    40. § 154.086 CONSISTENCY WITH GENERAL PLAN OR SPECIFIC PLANS; CIT…
    41. § 154.087 APPLICATION; WHEN VESTING TENTATIVE MAP SHALL BE FIL…
    42. § 154.088 FILING AND PROCESSING; PAYMENT OF DEVELOPMENT FEES.
    43. § 154.089 EXPIRATION.
    44. § 154.090 RIGHTS OF A VESTING TENTATIVE MAP.
    45. § 154.091 AMENDMENT TO APPROVED VESTING TENTATIVE MAP.
    46. § 154.092 DEVELOPMENT INCONSISTENT WITH ZONING; CONDITIONAL AP…
    47. § 154.093 APPLICATIONS INCONSISTENT WITH CURRENT POLICIES.
    48. § 154.105 DEDICATION OF STREETS, ALLEYS, AND OTHER PUBLIC RIGH…
    49. § 154.106 PARK LAND DEDICATION.
    50. § 154.107 SCHOOL SITE DEDICATION.
    51. § 154.108 RESERVATION OF LAND.
    52. § 154.109 WAIVER OF DIRECT STREET ACCESS.
    53. § 154.120 PURPOSE.
    54. § 154.121 REQUIREMENTS AND PROCEDURES.
    55. § 154.122 PHYSICAL ELEMENTS REPORT.
    56. § 154.123 CONFORMANCE TO EXISTING BUILDING REGULATIONS, ZONING…
    57. § 154.124 REFURBISHING AND RESTORATION.
    58. § 154.125 NOTICE TO TENANTS.
    59. § 154.126 TENANTS’ RIGHT TO PURCHASE.
    60. § 154.127 VACATION OF UNITS.
    61. § 154.140 CONSTRUCTION ACCORDING TO STANDARDS; PREREQUISITE TO…
    62. § 154.141 IMPROVEMENTS REQUIRED.
    63. § 154.142 DESIGN OF IMPROVEMENTS.
    64. § 154.143 ACCESS.
    65. § 154.144 IMPROVEMENT PLANS.
    66. § 154.145 IMPROVEMENT AND CONSTRUCTION AGREEMENTS.
    67. § 154.146 IMPROVEMENT SECURITY.
    68. § 154.147 CONSTRUCTION.
    69. § 154.148 COMPLETION OF IMPROVEMENTS.
    70. § 154.149 ACCEPTANCE OF IMPROVEMENTS.
    71. § 154.160 CONFORMANCE TO PROVISIONS REQUIRED; COASTAL DEVELOPM…
    72. § 154.161 INITIATION OF PROCEEDINGS.
    73. § 154.162 CONTENTS OF PETITION.
    74. § 154.163 SUBMITTAL OF PETITION TO THE DIRECTOR OF COMMUNITY D…
    75. § 154.164 PUBLIC HEARING; CITY COUNCIL APPROVAL.
    76. § 154.165 FILING WITH COUNTY RECORDER.
    77. § 154.175 AMENDMENT BY CERTIFICATE OF CORRECTION OR AMENDING M…
    78. § 154.176 FORM AND CONTENTS.
    79. § 154.177 SUBMITTAL AND APPROVAL BY THE CITY ENGINEER.
    80. § 154.178 FILING WITH THE COUNTY RECORDER.
    81. § 154.179 FEE.
    82. § 154.190 MERGERS NOT REQUIRED.
    83. § 154.191 MERGERS REQUIRED.
    84. § 154.192 NOTICE OF MERGER.
    85. § 154.193 REQUEST BY PROPERTY OWNER; APPROVAL OF MERGER.
    86. § 154.205 PROHIBITIONS.
    87. § 154.206 REMEDIES.
    88. § 154.207 CERTIFICATE OF COMPLIANCE.
    89. § 154.208 CERTIFICATE OF NONCOMPLIANCE.
  72. Chapter 155 — ZONING REGULATIONS
  73. Chapter 155 — ZONING REGULATIONS (old)
  74. Chapter 156 — COASTAL ZONING REGULATIONS
  75. Chapter 157 — HISTORIC PRESERVATION
  76. Chapter 158 — CANNABIS
  77. Chapter 159 — WIRELESS TELECOMMUNICATIONS FACILITIES

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