A. Applicability and Intent. This section explains the review process and standards that apply to subdivision types that differ from the lot area minimums and dimensions in Section 16.18.030 (Table 2). This section covers projects (where allowed in subsection B of this section) that propose ownership boundaries or separate unit ownership within buildings or on parcels where property development standards such as lot coverage and density are determined by using the exterior boundaries of the property and where standards apply to the project as a whole instead of requiring conformance with all property development standards on each of the proposed parcels/units in the subdivision. These types of subdivisions can rely on shared ownerships as is the case with subdivisions with common interests (i.e., condominiums) or may also rely solely or in part with easements for common areas such as recreation facilities, open space, parking, driveways, etc. (i.e., flexible lot subdivisions, and airspace subdivisions).

B. Zones Allowed. This chapter applies to the subdivision types listed in Section 16.17.010 (defined in Chapter 16.26) and can be allowed in multifamily and nonresidential zones with the exception of the AG and OS zones. In the R-1 zone, only flexible lot subdivisions are allowed consistent with Section 16.17.030.

C. Application and Review Requirements. Subdivisions subject to this chapter shall be consistent with development projects which have already received development review approval or shall be processed concurrently with a separate development review application. Subdivisions subject to this chapter shall not be approved without development review approval pursuant to Section 17.106.030. Tentative parcel map or tentative tract map application requirements are determined based on the number of lots or units and criteria of Sections 16.08.040 and 16.08.050.

D. Property Development Standards. Property development standards (Chapter 17.70), including (but not limited to) density, setbacks, floor area ratios, and lot coverage limitations, shall apply with respect to the exterior boundary lines (property lines) of the proposed subdivision and not to individual units or lots within the project. Interior setback standards for each newly created lot within the subdivision are dictated by minimum separation requirements of the building and fire codes and standard minimum setbacks of the zoning code are required at the exterior boundaries of the project.

E. Separate Conveyance. Separate conveyance of the lots resulting from an airspace or common interest subdivision is permitted. If dwellings or other structures (such as garages) on different lots are adjacent or attached to each other, the subdivision boundary may separate them for conveyance purposes if the structures meet building code safety standards and are sufficient to allow separate conveyance. If any attached structures span or will span the new lot line, or if the lots share a driveway, appropriate covenants, easements or similar documentation allocating legal and financial rights and responsibilities between the owners of the lots (“CC&Rs”) for construction, reconstruction, use, maintenance, and improvement of the attached structures and any related shared drive aisles, parking areas, or other portions of the lot must be recorded before the city will approve a final map for the common interest subdivision. Notwithstanding the provision of such CC&Rs, however, where attached structures and/or related shared facilities span a lot line resulting from a common interest subdivision, all owners of the lots shall be jointly and severally responsible for the use and maintenance of such structures and/or shared facilities in compliance with all provisions of this code.