San Diego Municipal Code Div. 11 Mobility Choices Regulations

(“Mobility Choices Regulations” added 12-9-2020 by O-21274 N.S.; effective 1-8-2021.)

The purpose of the Mobility Choices Regulations is to reduce Citywide vehicle miles traveled (VMT) to address the environmental impacts of development related to noise, air pollution, and greenhouse gas emissions, and to promote public health and enjoyment, by investing in active transportation infrastructure and amenities that will result in the greatest reductions to Citywide VMT. (“Purpose of Mobility Choices Regulations” added 12-9-2020 by O-21274 N.S.; effective 1-8-2021.)

The Mobility Choices Regulations apply to any development for which a Building Permit is issued, except:

(a) Residential development with four or fewer dwelling units;

(b) Any commercial or office development with less than 5,000 square feet gross
floor area;

(c) Development located on property owned, leased, or maintained by the City
where the City is the applicant or where a private party is the applicant acting
on behalf of the City, that is a locally-serving public facility, as defined in the
Land Development Manual, Transportation Study Manual, Appendix R;

(d) Development located within a one-half mile pedestrian walk to an existing
passenger rail station;

(e) Development located in Mobility Zone 1;

(f) Industrial Uses, as defined in the Land Development Manual, Transportation
Study Manual (Appendix B), located within Prime Industrial Lands;

(g) Multiple dwelling unit development within a Sustainable Development Area
that provides the transportation amenities required by Section 142.0528; and

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(h) Development that does not require a Certificate of Occupancy.
(“When Mobility Choices Regulations Apply” added 12-9-2020 by O-21274 N.S.;
effective 1-8-2021.)
(Amended 3-7-2023 by O-21618 N.S.; effective 5-6-2023.)

(a) For the purposes of this Division, Mobility Zones shall be defined as follows:

(1) Mobility Zone 1 means the Downtown Community Planning Area.

(2) Mobility Zone 2 means any premises located either partially or
entirely in a Sustainable Development Area.

(3) Mobility Zone 3 means a community planning area boundary with a
VMT efficiency that is 85 percent or less of the regional average for
either resident VMT per capita or employee VMT per employee, as
determined by the City Manager.

(4) Mobility Zone 4 means any area within a community planning area
with a VMT efficiency that is greater than 85 percent of the regional
average for both resident VMT per capita and employee VMT per
employee, as determined by the City Manager.

(5) Where a premises is located in two or more Mobility Zones, the entire
premises shall be subject to the regulations applicable to the lowest
Mobility Zone.

(6) Where development is located within a Specific Plan area, where the
Specific Plan was adopted prior to July 1, 2020, any portion of the
development located within the Specific Plan area shall be subject to
the regulations applicable to the lowest Mobility Zone included within
the Specific Plan area.

(b) Except as provided in Section 143.1103(b)(5) or (b)(6), all development
located within Mobility Zone 2 or Mobility Zone 3 shall provide VMT
Reduction Measures in accordance with Land Development Manual,
Appendix T as follows:

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(1) Development in Mobility Zone 2 shall include VMT Reduction
Measures totaling at least 5 points.

(2) Development in Mobility Zone 3 shall include VMT Reduction
Measures totaling at least 8 points.

(3) A notice describing the VMT Reduction Measures provided shall be posted in a prominent and accessible common area of the development where it can easily be seen by residents and the public. The notice shall include the responsible party contact information and a statement that the VMT Reduction Measures are required pursuant to the San Diego Municipal Code and to the satisfaction of the Development Services Department. The notice shall be in the form required by Land Development Manual, Appendix T.

(4) The types of VMT Reduction Measures that shall be used to satisfy the
requirements in Section 143.1103(b) are included in Land
Development Manual, Appendix T. VMT Reduction Measures that
also satisfy other development regulations may be used to satisfy the
requirements in Section 143.1103(b).

(5) In lieu of providing the VMT Reduction Measures in Section
143.1103(b)(1) or (2), the applicant may pay the Active
Transportation In Lieu Fee referenced in Section 143.1103(c).

(6) Development in Mobility Zone 2 that provides more than the minimum
parking required in Chapter 14, Article 2, Division 5 shall be required
to provide 8 points of VMT Reduction Measures in accordance with
the Land Development Manual, Appendix T. For purposes of this
section, the Parking Standards Transit Priority Area regulations within
Sections 142.0525 and 142.0528 shall not apply for the minimum
required parking for multiple dwelling units.

(7) Development in Mobility Zone 3 that provides more than the minimum
parking required in Chapter 14, Article 2, Division 5 shall be required
to provide 11 points of VMT reduction measures in accordance with
the Land Development Manual, Appendix T or shall pay the Active
Transportation In Lieu Fee referenced in Section 143.1103(c). The
Parking Standards Transit Priority Area regulations within Sections
142.0525 and142.0528 shall not apply for the minimum required
parking for multiple dwelling units.

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(c) Unless exempt under Section 143.1103(c)(2), (3), (4), or (5) all development in Mobility Zone 4 shall pay an Active Transportation In Lieu Fee, as adopted by City Council resolution.

(1) The Active Transportation In Lieu Fee shall be used to fund active
transportation and VMT-reducing infrastructure projects located
within Mobility Zone 1, Mobility Zone 2, or Mobility Zone 3 to
reduce Citywide VMT.

(2) Locally-serving development, as identified in Land Development
Manual, Appendix T, and located in Mobility Zone 4, is exempt from
the Active Transportation In Lieu Fee in Section 143.1103(c), but shall
provide VMT Reduction Measures that reduce VMT in accordance
with Section 143.1103(b)(2).

(3) For residential development in Mobility Zone 4, affordable dwelling
units that are deed restricted at or below 120 percent of the area
median income, as defined in Section 143.0720, are exempt from the
Active Transportation In Lieu Fee in Section 143.1103(c).

(4) Development in Mobility Zone 4, where any portion of the
development is located within a census tract that is 85 percent or less
of the regional average for either resident VMT per capita or employee
VMT per employee, as applicable to the development, as determined
by the City Manager, is exempt from the Active Transportation In
Lieu Fee in Section 143.1103(c), but shall provide VMT Reduction
Measures that reduce VMT in accordance with Section
143.1103(b)(2).

(5) Development in Mobility Zone 4 that includes the design and
construction of active transportation and VMT-reducing infrastructure
located within Mobility Zone 1, Mobility Zone 2, or Mobility Zone 3
that reduces the development’s required regional average reduction for
either resident VMT per capita or employee VMT per employee, as
applicable to the development and as determined by the City Manager,
is exempt from the Active Transportation In Lieu Fee in Section
143.1103(c) for the VMT that is reduced by the active transportation
and VMT-reducing infrastructure, if the City Manager determines all
of the following requirements are satisfied:

(A) The active transportation and VMT-reducing infrastructure is a
pedestrian, bicycle, or transit that does not accommodate
additional vehicular traffic.

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(B) The active transportation and VMT-reducing infrastructure is
located within a Community Planning Area that includes a
Community of Concern, as determined by the City Manager.

(C) The applicant substantially completes the active transportation
and VMT-reducing infrastructure to the satisfaction of the City
Engineer at no cost to the City. For purposes of this section, the
active transportation and VMT reducing infrastructure is
substantially completed if it is 90 percent complete to the
satisfaction of the City Engineer, and an adequate performance
bond, as determined by the City Engineer, has been provided to
the City.

(D) The applicant completes the active transportation and VMT-
reducing infrastructure prior to requesting final inspection for
any portion of the development.

(6) If an applicant completes the active transportation and VMT-reducing infrastructure that meets the requirements in Section 143.1103(c)(5) and would reduce more than the development’s required VMT reduction provided in Section 143.1103(c), the City Manager may grant VMT reduction credits to the applicant upon completion of the active transportation and VMT-reducing infrastructure. The VMT reduction credits expire within 5 years from the issuance of the credits. The VMT reduction credits may be assigned to other development within the City or may be used to offset another development’s Active Transportation In Lieu Fee. (“Mobility Choices Requirements” added 12-9-2020 by O-21274 N.S.; effective 1-8-2021.) (Amended 1-27-2022 by O-21416 N.S.; effective 2-26-2022.) (Amended 3-7-2023 by O-21618 N.S.; effective 5-6-2023.) (Amended 7-22-2024 by O-21836 N.S.; effective 10-5-2024.)

[Editors Note: Amendments as adopted by O-21836 N.S. will not apply within the
Coastal Overlay Zone until the California Coastal Commission certifies it as a Local
Coastal Program Amendment.
Click the link to view the Strikeout Ordinance highlighting changes to prior language
http://docs.sandiego.gov/municode_strikeout_ord/O-21836-SO.pdf ]

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Article 3: Supplemental Development Regulations