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10-1.1302 Remedies.

Walnut Creek Zoning Code · 2026-06 edition · updated 2026-07-07 · Walnut Creek

  1. 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 the Subdivision Map Act, is voidable at the sole option of the grantee, buyer or person contracting to purchase, any heir, personal representative, or trustee in insolvency or bankruptcy within one year after the date of discovery of the violation. 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.

  2. Any grantee, or 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 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 suffered by reason of the 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.

  3. 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 §10-1.1303 or identified in a recorded final 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 successor in interest under any other provision of law.

  1. 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 any person, firm or corporation may file a suit in the superior court of Contra Costa County, to restrain or enjoin any attempted or proposed subdivision for sale, lease or financing in violation of this chapter.

  2. 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 Subdivision

Map Act if it finds that development of the real property is contrary to the public health or the public safety. The authority to deny a permit or approval shall apply whether the applicant was the owner of the real property at the time of the violation or whether the applicant 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 interest in the real property.

erty is contrary to the public health or the public safety. The authority to deny a permit or approval shall apply whether the applicant was the owner of the real property at the time of the violation or whether the applicant 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 interest in the real property.

The City, in issuing a permit or granting approval for the development of any real property illegally subdivided, may impose those additional conditions which would have been applicable to the division of the property at the time the current owner of record acquired the property. If the property has the same owner of record as at the time of the initial violation, the City may impose conditions applicable to a current division of the property. If a conditional certificate of compliance has been filed for record, only those conditions stipulated therein shall be applicable.

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▸ Contents — Walnut Creek Zoning Code
Walnut Creek Zoning Code
  1. 10-1.101 Citation and Authority.
  2. 10-1.102 Purpose.
  3. 10-1.103 Conformity to General Plan, Specific Plans and Zoning…
  4. 10-1.104 Application.
  5. 10-1.105 Modification of Requirements.
  6. 10-1.201 Definitions.
  7. 10-1.202 Responsibilities.
  8. 10-1.301 General.
  9. 10-1.302 Division of Land—Five or More Parcels.
  10. 10-1.303 Division of Land—Four or Fewer Parcels. (Minor Subdiv…
  11. 10-1.304 Plat Maps.
  12. 10-1.305 Fees and Deposits.
  13. 10-1.402 Tentative Maps.
  14. 10-1.403 Final Maps.
  15. 10-1.501 Tentative Parcel Map.
  16. 10-1.502 Parcel Maps.
  17. 10-1.503 Waiver of Parcel Map Requirements.
  18. 10-1.601 Dedication of Streets, Alleys and Other Public Rights…
  19. 10-1.602 Park Land Dedication.
  20. 10-1.603 School Site Dedication.
  21. 10-1.604 Reservations.
  22. 10-1.605 Claims of Excessive Dedications.
  23. 10-1.701 Purpose.
  24. 10-1.702 Requirements and Procedures.
  25. 10-1.703 Physical Standards for Condominium Conversions.
  26. 10-1.704 Tenant Provisions.
  27. 10-1.705 Effect of Proposed Conversion on the City's Low- and …
  28. 10-1.706 Findings.
  29. 10-1.801 General.
  30. 10-1.802 Improvements Required.
  31. 10-1.803 Deferred Improvement Agreements.
  32. 10-1.804 Design.
  33. 10-1.805 Access.
  34. 10-1.806 Improvement Plans.
  35. 10-1.807 Improvement Agreement.
  36. 10-1.808 Improvement Security.
  37. 10-1.809 Construction.
  38. 10-1.810 Construction Inspection.
  39. 10-1.811 Completion of Improvements.
  40. 10-1.812 Acceptance of Improvements.
  41. 10-1.813 Supplemental Improvement Capacity.
  42. 10-1.901 General.
  43. 10-1.902 Initiation of Proceedings.
  44. 10-1.903 Contents of Petition.
  45. 10-1.904 Submittal of Petition to City Engineer.
  46. 10-1.905 City Council Approval.
  47. 10-1.906 Filing with County Recorder.
  48. 10-1.1001 Mergers not Required.
  49. 10-1.1002 Mergers Required.
  50. 10-1.1003 Notice of Intention to Determine Status.
  51. 10-1.1004 Hearing on Determination of Status.
  52. 10-1.1005 Determination of Merger.
  53. 10-1.1006 Determination When No Hearing is Requested.
  54. 10-1.1007 Request to Merge by Property Owner.
  55. 10-1.1008 Unmerged Parcels.
  56. 10-1.1009 Request for Determination by Owner.
  57. 10-1.1010 Fee for Mergers and Unmergers.
  58. 10-1.1101 Requirements.
  59. 10-1.1102 Form and Contents.
  60. 10-1.1103 Submittal and Approval by the City Engineer.
  61. 10-1.1104 Filing with the County Recorder.
  62. 10-1.1105 Fee.
  63. 10-1.1201 Citation and Authority.
  64. 10-1.1202 Purpose and Intent.
  65. 10-1.1203 Consistency.
  66. 10-1.1204 Definitions.
  67. 10-1.1205 Application.
  68. 10-1.1206 Filing and Processing.
  69. 10-1.1207 Expiration.
  70. 10-1.1208 Vesting on Approval of Vesting Tentative Map.
  71. 10-1.1209 Development Inconsistent with Zoning—Conditional App…
  72. 10-1.1210 Applications Inconsistent with Current Policies.
  73. 10-1.1211 Failure to Obtain Design Review Approval.
  74. 10-1.1301 Prohibition.
  75. 10-1.1302 Remedies.
  76. 10-1.1303 Certificate of Compliance.
  77. 10-1.1304 Notice of Violation.
  78. 10-1.1305 Penalties.
  79. 10-1.1306 Judicial Action.
  80. 10-1.1401 Purpose.
  81. 10-1.1402 Applicability—Ministerial Approval.
  82. 10-1.1403 Exceptions.
  83. 10-1.1404 Definitions.
  84. 10-1.1405 Urban Lot Split Requirements.
  85. Chapter 2
  86. Part I — GENERAL PROVISIONS
  87. Part II — BASE DISTRICT REGULATIONS
  88. Part III — REGULATIONS APPLYING IN ALL OR SEVERAL DISTRICTS Re…
  89. Part IV — ADMINISTRATION

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