Lincoln Municipal Code Ch. 17.60 Merger

Notwithstanding any other provision of this title, two or more contiguous parcels or lots which have been subdivided under the provisions of the Subdivision Map Act and any applicable local ordinance enacted pursuant thereto, or which were not subject thereto at the time of their creation, shall not merge by virtue of the fact that such lots or parcels are held by the same owner, unless any one of such lots or parcels does not conform to standards of minimum lot size and at least one of such contiguous parcels or lots is not developed with a building for which a lawful permit has been issued, or which was built prior to the time such permits were required, in which case such parcels shall be merged.

(Ord. 347B §10, 1978: Ord. 324B §15-1, 1977)

Whenever the planning director has knowledge that real property has merged pursuant to Section 17.60.010, he shall cause written notice to be given to the owner or owners of the parcels or lots to be affected by the merger. The notice shall advise the owner or owners of the intention to record a notice of merger and specify the time, date and place of a hearing by the commission at which the owners may present evidence why such notice shall not be recorded. The notice shall be given not less than 30 days prior to the hearing by the commission. The commission shall determine whether a notice of merger shall be recorded.

(Ord. 324B §15-2, 1977)

If the commission determines that real property has merged as specified by section 66424.2 of the Government Code, the planning director shall cause to be filed for record with the county recorder a notice of such merger, specifying the names of the record owners and particularly describing the real property.

(Ord. 324B §15-3, 1977)

Subdivided lands may be merged and resubdivided without reverting to acreage by complying with all applicable requirements for the subdivision of land of the Subdivision Map Act and this title.

(1) Any unused fees or deposits previously made pertaining to the property shall be credited pro rata towards any requirements for the same purposes which are applicable at the time of resubdivision.

(2) Any streets or easements to be left in effect after the resubdivision shall be delineated on the map. All streets and easements not so delineated shall be abandoned upon the filing of the map.

(3) The filing of the final map or parcel map with the county recorder shall constitute legal merger and resubdivision of the land.

(Ord. 347B §11, 1978: Ord. 324B §15-4, 1977)