Elk Grove Municipal Code Art. III Voluntary Merger of Contiguous Parcels Under Common Ownership

All legal parcels conforming to the Subdivision Map Act and the City of Elk Grove Municipal Code may be merged under the provisions of this section without reverting to acreage pursuant to Section 66499.20.3 of the Subdivision Map Act. Nothing in this section shall be construed to prevent an applicant from filing a tentative map, a final map, or parcel map for any merger. For the purposes of this section, a legal parcel shall be a parcel for which a final parcel map or subdivision map has been filed or one for which a certificate of compliance has been issued.

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

The Community Development Director shall have the authority to approve or disapprove the merger of contiguous parcels under common ownership without reverting to acreage.

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

To apply for voluntary merger of contiguous parcels the applicant must prove all of the following conditions are met:

A. The merger shall not interfere with any existing fee, grants, easements, agreements, conditions, dedications, offers to dedicate or security provided in connection with any and all previously granted approvals by the City of Elk Grove.

B. The exterior boundaries of the parcels to be merged shall not change.

C. The parcels shall be under common ownership at the time of the application filing and all common owners shall consent, in writing, to the merger.

D. The resultant parcel must be in conformance with the General Plan, any applicable specific plan, any applicable special planning area, and EGMC Title 23.

E. The resultant parcel, after the merger, shall have adequate access and frontage length adjacent to a public street as defined in EGMC § 22.30.020.

F. All required fees shall be paid, including a recording fee for the merger.

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

An application shall be filed with the Community Development Department and all fees shall be paid as approved by resolution of the City Council.

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

The Community Development Director shall make the following findings in order to merge the parcels:

A. The resultant parcel will be consistent with the General Plan, any applicable specific plan, and Zoning, inclusive of any special planning area.

B. The resultant parcel has adequate access and frontage to a public street.

C. Any development of the resultant parcel will not adversely affect the public health, safety or welfare.

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

Upon making the findings, the Community Development Director shall cause a certificate of merger to be filed with the County Recorder of the County of Sacramento. The certificate shall include the names of the recorded owners, legal descriptions of the existing parcels, a legal description and map of the resultant parcel, and the Community Development Director’s findings. Recordation of the certificate of merger shall establish that the parcels are merged and one (1) parcel exists under the provisions of the Subdivision Map Act and this code.

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

The Community Development Director may determine that the parcels may not be merged under this section and that a tentative map may be required and processed in conformance with EGMC Chapter 22.16. The Community Development Director shall issue a letter outlining his/her findings as to why a tentative map is required.

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

Any person dissatisfied with the decision of the Community Development Director may appeal such action to the Zoning Administrator within ten (10) days from the date of the action. All appeals shall be submitted in writing, identifying the action being appealed and specifically stating the basis or grounds of the appeal, accompanied by a filing fee established by City Council resolution, and submitted to the City Clerk. Where the appeal provisions of this section conflict with other provisions of the Elk Grove Municipal Code, the appeal provisions of this section shall apply with regard to matters pursuant to this article.

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