Each body acting on or considering any item brought before it by an applicant shall consider all land contiguous to that described on the application whether improved or unimproved which is owned actually or constructively, legally or equitably by the applicant or by any person having any such interest in the property described in the application.
(SCC 574 § 2, 1983; SCC 1757, 7/22/2025)
The body considering the item shall recommend or determine, as appropriate, the extent of the land which must be included in or described on the approval sought.
(SCC 574 § 2, 1983; SCC 1757, 7/22/2025)
All contiguously-owned property not otherwise legally divided or property which is merged as a matter of law shall be included in the map approval of description, except as specifically provided herein.
(SCC 574 § 2, 1983; SCC 1757, 7/22/2025)
Consistent with Section 66451.11 of the Government Code, a parcel or unit shall be deemed merged with a contiguous parcel or unit held by the same owner if any one of the contiguous parcels or units held by the same owner does not conform to applicable Zoning Code standards for minimum parcel size, and if all of the following requirements are satisfied:
A. 
At least one of the affected parcels is undeveloped by any structure 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, or is developed with a single structure, other than an accessory structure, that is also partially sited on a contiguous parcel or unit.
B. 
With respect to any affected parcel, one or more of the following conditions exists:
1. 
Comprises less than 5,000 squiare feet in area at the time of the determination of merger.
2. 
Was not created in compliance with applicable laws and ordinances in effect at the time of its creation.
3. 
Does not meet current County of Sacramento, Sacramento County Water Agency, and Sacramento Area Sewer District standards for sewage disposal and domestic water supply.
4. 
Does not meet slope stability standards set forth in the County Improvement Standards, County Code, or other applicable standard.
5. 
Has no legal access which is adequate for vehicular and safety equipment access and maneuverability.
6. 
Its development would create health or safety hazards.
7. 
Is inconsistent with the County of Sacramento General Plan and any applicable specific plan, other than minimum lot size or density standards.
Subsection B of this section shall not apply if any of the exceptions set forth in Government Code Section 66451.11(b)(A)-(E) are applicable to the parcels or units proposed for merger.
C. 
The owner of the affected parcels has been notified of the merger proposal and is afforded the opportunity for a hearing.
For the purposes of this Section, when determining whether contiguous parcels are held by the same owner, ownership shall be determined as of the date that notice of intention to determine status is recorded.
Mergers shall occur only to the extent necessary to conform the lots with the minimum lot area standards. Consolidations may be made in any configuration, subject to approval of the Director. For the purposes of this section, "not legally divided" means property shown on assessor's maps as divided, and such division is contrary to the Subdivision Map Act, this Title or predecessor regulations.
(SCC 574 § 2, 1983; SCC 1585 § 10, 2015; SCC 1757, 7/22/2025)
Any merger, or purported merger of parcels or units of property which occurred pursuant to this title, including all previous enactments of this title, which are inconsistent with the provisions of Section 2.20.040, shall be of no force or effect and such parcels or units of property shall be deemed unmerged as provided in Sections 66451.25-66451.33.
(SCC 574 § 2, 1983; SCC 1757, 7/22/2025)
Parcels for the purposes of this Title, shall be considered lawfully created if:
A. 
A certificate of compliance, final parcel map or final subdivision map has been approved on or after March 4, 1972;
B. 
The property was divided subsequent to January 1, 1948 by a final subdivision map or final parcel map filed prior to March 4, 1972;
C. 
The property was in fact divided by actual sale, lease or financing arrangement prior to March 4, 1972 and which said division complied with all laws in effect at the time of said division; or
D. 
The property was divided by court judgment or decree or other means only if such means are not governed by the Subdivision Map Act, or any ordinance of the County provided the Board finds that no attempt was made to avoid the provisions of the Subdivision Map Act or county regulations. The burden of proof to enable the Board to make its finding is the responsibility of the property owner.
(SCC 574 § 2, 1983; SCC 1585 § 11, 2015; SCC 1757, 7/22/2025)
A. 
Subject to the limitations set forth in subsections (B) and (C) of this section, upon request of the legal owner of contiguous parcels, the County may approve pursuant to Government Code Section 66499.20.3, the merger of the parcels without reverting to acreage. Any such request shall be in writing signed by all owners and accompanied by any documents or maps as may be required by the County to demonstrate legality and common ownership of said parcels. In approving the combination of parcels, the County may impose reasonable conditions. Upon approval, a certificate of compliance - consolidation shall be recorded with the County Recorder. The filing of the certificate of compliance shall constitute legal merger of the land affected thereby. Where the County or applicant deem it necessary to define and monument the boundaries of the merged parcel, a record of survey otherwise in compliance with all requirements may be filed at the same time as the merger.
B. 
Voluntary mergers of parcels which create additional subdivision potential shall only be approved where the property owner consents to a condition which limits the subdivision potential of the property to that which existed prior to the merger.
C. 
The voluntary merger of commonly held parcels which are unbuildable because of size, lack of access or topography shall not be approved unless the owner of the parcels either:
1. 
Merges all commonly held contiguous parcels to achieve maximum compliance with the underlying zoning in effect as of the date of the application.
2. 
Merges commonly held contiguous parcels into configurations which are consistent with the underlying zoning in effect as of the date of the application.
(SCC 1351 § 1, 2007; SCC 1585 § 12, 2015; SCC 1757, 7/22/2025)