Elk Grove Municipal Code Art. I Purpose and Applicability

The purpose of this chapter is to provide a procedure by which the City may provide for the merger of two (2) or more contiguous parcels held in common ownership where the requirements of Section 66451.11 et seq. and 66499.20.3 of the California Government Code are met.

(Ord. 13-2025 § 3 (Exh. D), eff. 7-25-2025)

This chapter provides the procedure the City shall follow for the involuntary and voluntary merger of two (2) or more contiguous parcels held in common ownership if all of the following requirements are satisfied:

A. One (1) or more of the contiguous parcels does not conform to the applicable standards for minimum parcel size as set forth in EGMC Title 23, Zoning Code;

B. At least one (1) of the contiguous parcels is undeveloped by any structure as defined in EGMC Title 23, Zoning Code, for which a building permit was issued or for which a building permit was not required at the time of construction, or is developed only with an accessory structure or accessory structures, as defined in EGMC Title 23, Zoning Code, or is developed with a single structure, other than an accessory structure, that is also partially sited on a contiguous parcel or unit;

C. At least one (1) of the following applies to at least one (1) of the contiguous parcels:

1. The parcel is less than five thousand (5,000 ft2) square feet in area at the time of determination of merger;

2. The parcel was not created in compliance with applicable laws and ordinances in effect at the time of its creation;

3. The parcel does not meet current standards for sewage disposal and domestic water supply;

4. The parcel does not meet slope stability standards;

5. The parcel has no legal access which is adequate for vehicle and safety equipment and maneuverability;

6. The parcel’s development would create health or safety hazards;

7. The parcel is inconsistent with the City’s General Plan, any applicable specific plan or any applicable special planning area, other than minimum lot size or density standards.

D. This section shall not apply if one (1) of the following conditions exists: parcels under common ownership which on July 1, 1981, were: 1) enforceably restricted open lands; 2) timberlands or lands devoted to agricultural use; 3) lands within two thousand (2,000' 00") feet of an existing or approved future commercial mining operation; or 4) lands within a coastal zone which, prior to July 1, 1981, were formally identified or designated as being of insufficient size to support residential development.

(Ord. 13-2025 § 3 (Exh. D), eff. 7-25-2025)