Elk Grove Municipal Code Art. II Involuntary Merger of Substandard Parcels

Prior to recording a notice of merger, the City shall do all of the following:

A. Mail a notice of intent to determine status, by certified mail, to the current record owner of the property stating that the parcels may be merged pursuant to the provisions of this chapter. The notice shall state that the record owner will have the opportunity to request a hearing on the determination of status and present evidence that the property does not meet the criteria for merger.

B. The notice of intention to determine status shall be recorded in the office of the County Recorder of the County of Sacramento on the date the notice is mailed to the record owner.

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

At any time within thirty (30) days after the City records the notice to determine status, the record owner may file a written request for a public hearing by the Planning Commission by either personal delivery or certified mail to the Community Development Director requesting such a hearing.

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

Upon filing an application and payment of a fee as established by a resolution of the City Council, the request for a hearing on determination of status as described in EGMC Section 22.14.040, the Community Development Director shall set a time, date, and place for the hearing to be conducted by the Planning Commission and shall notify the owner of the time, date, and place for the hearing via certified mail.

The hearing shall be conducted no more than sixty (60) days following the Community Development Director’s receipt of the request but may be postponed or continued with the mutual consent of the property owner and the Planning Commission.

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

A. At the hearing on determination of status, the record owner shall be given the opportunity to present evidence that the affected property does not meet the standards for merger specified in EGMC Section 22.14.020.

B. At the conclusion of the hearing, the Planning Commission shall make a determination of whether the parcels are to be merged or not.

1. If the determination is that the parcels are to be merged the following findings must be made:

a. The parcels to be merged satisfy the requirements of EGMC Section 22.14.020.

b. The parcels to be merged comply with the requirements of the Subdivision Map Act.

2. After the findings have been made, the Community Development Director shall file a notice of merger with the Sacramento County Recorder within thirty (30) days of the conclusion of the hearing.

3. If the Planning Commission makes a determination that the parcels are not to be merged, the Commission shall direct the Community Development Director to record a release of the notice of intent to determine status with the Sacramento County Recorder within thirty (30) days after the conclusion of the hearing.

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

A notice of merger shall contain the names of the record owner, a legal description of the existing parcels, a legal description and accompanying plat of the resultant parcel and the findings of the Planning Commission.

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

If the record owner does not file a request to have a public hearing within the thirty (30) day period as specified in EGMC Section 22.14.040, the Planning Commission may make a determination as to whether the parcels are to be merged or not be merged. Upon such determination by the Planning Commission that the parcels are not to be merged, the Community Development Director will be directed to record a release of notice of intention to determine status with the County Recorder of the County of Sacramento and a copy of the release shall be mailed to the record owner.

If the Planning Commission determines that the parcels are to be merged, the Commission shall direct the Community Development Director to record a notice of merger with the County Recorder of the County of Sacramento within ninety (90) days from the mailing of the notice of intention to merge and a copy of the notice of merger shall be mailed to the record owner.

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