Elk Grove Municipal Code Art. IV Unmerger of Parcels

This section applies to parcels which were merged prior to January 1, 1984, and for which a notice of merger was not recorded on or before January 1, 1986, as such recordation was required by Section 66451.19 of the California Government Code.

Because the mergers to which this section applies occurred prior to the City’s incorporation, there may be instances where merger of parcels failed to comply with Section 66451.19 of the California Government Code or other applicable laws establishing requirements for merger of contiguous parcels held in common ownership of which the City does not have a record. The purpose of this article is to provide a procedure by which record owners of such improperly merged parcels may seek to void any such merger and to allow the City to determine if parcels previously merged will continue to be merged when certain conditions exist under EGMC Section 22.14.200.

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

A written request shall be filed with the Community Development Director and signed by the record owners. The application shall include any information, documents, or maps which prove the ownership of the parcels, a valid legal description of the parcels requested to be unmerged and evidence that the criteria listed in EGMC Section 22.14.190 are met.

The request shall be accompanied by a fee as established by resolution by the City Council of the City of Elk Grove.

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

A. The parcels or units of land shall be deemed unmerged if, as of the date of the request, the parcels or units of land meet all of the following criteria:

1. Comprises at least five thousand (5,000 ft2) square feet in area.

2. Was created in compliance with applicable laws in effect at the time of its creation.

3. Meets current standards for sewage disposal and domestic water supply.

4. Meets slope density requirements.

5. Has legal access which is adequate for vehicular and safety equipment access and maneuverability.

6. Development of the parcel would create no health or safety hazards.

7. The parcel would be consistent with the City’s General Plan and any applicable specific plan, other than minimum lot size or density standards.

B. And, with respect to such parcel, none of the following conditions exist:

1. On or before July 1, 1981, one (1) or more of the contiguous parcels or units of land is enforceably restricted open-space land pursuant to a contract, agreement, scenic restriction, or open-space easement, as defined and set forth in Section 421 of the Revenue and Taxation Code.

2. On July 1, 1981, one (1) or more of the contiguous parcels or units of land is timberland as defined in Section 51104(f) of the California Government Code, or is land devoted to an agricultural use as defined in Section 51201(b) of the California Government Code.

3. On July 1, 1981, one (1) or more of the contiguous parcels or units of land is located within two thousand (2,000' 00") feet of the site on which an existing commercial mineral resource extraction use is being made, whether or not the extraction is being made pursuant to a use permit issued by the local agency.

4. On July 1, 1981, one (1) or more of the contiguous parcels or units of land is located within two thousand (2,000' 00") feet of a future commercial mineral extraction site as shown on a plan for which a use permit or other permit authorizing commercial mineral resource extraction has been issued by the local agency.

5. Within the coastal zone, as defined in Section 30103 of the Public Resources Code, one (1) or more of the contiguous parcels or units of land has, prior to July 1, 1981, been identified or designated as being of insufficient size to support residential development and where the identification or designation has either: a) been included in the land use plan portion of a local coastal program prepared and adopted pursuant to the California Coastal Act of 1976 (Division 20 of the Public Resources Code), or b) prior to the adoption of a land use plan, been made by formal action of the California Coastal Commission pursuant to the provisions of the California Coastal Act of 1976 in a coastal development permit decision or in an approved land use plan work program or an approved issue identification on which the preparation of a land use plan pursuant to the provisions of the California Coastal Act is based.

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

If any parcels or units of land merged under a then-valid Sacramento County merger ordinance which was in effect prior to January 1, 1984, but for which a notice of merger had not been recorded before January 1, 1988, and one (1) or more of the merged parcels or units of land is within one (1) of the categories specified in EGMC Section 22.14.190(B)(1) to (B)(5), the parcels shall be deemed not to have merged unless all of the following conditions exist:

A. The parcels or units are contiguous and held by the same record owner.

B. One (1) or more of the contiguous parcels or units do not conform to minimum parcel size under the City’s General Plan, applicable specific plan, or EGMC Title 23.

C. At least one (1) of the affected parcels is undeveloped by any structure as defined in EGMC Title 23, 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, or is developed with a single structure, other than an accessory structure, that is also partially sited on a contiguous parcel or unit.

D. The parcels or units which do not conform to minimum parcel size were not created by a recorded parcel or final map.

If all the conditions described in subsections (A) through (D) of this section exist, only a parcel or unit of land which does not conform to minimum parcel size shall remain merged with a contiguous parcel.

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

A. The Community Development Director will determine whether the parcels meet the criteria as described in EGMC Section 22.14.190 for unmerger or continued merger under EGMC Section 22.14.200 based on the information in the application.

B. If the Community Development Director determines that the parcels meet the standards as described in EGMC Section 22.14.190, the Community Development Director shall issue to the record owner, and record with the Sacramento County Recorder, a notice of status of the parcels which shall identify each parcel and declare that the parcels are unmerged pursuant to this section.

C. If the Community Development Director determines that the parcels do not meet the criteria as described in EGMC Section 22.14.190 and do meet the criteria of EGMC Section 22.14.200, the Community Development Director shall issue to the record owner, and record with the Sacramento County Recorder, a certificate of merger as provided for in EGMC Section 22.14.140.

(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. Appeals shall be filed within ten (10) days following the date of determination or action for which an appeal is made, 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 this code, the appeal provisions of this section shall apply with regard to matters pursuant to this chapter.

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