LA MESA CITY COUNCIL
AGENDA
A Regular Meeting
Date: Tuesday, March 25, 2025, 6:00 p.m.
Location: City Council Chambers, 8130 Allison Avenue
La Mesa, California
Elected
Officials:
Mayor Mark Arapostathis
Vice Mayor Patricia N. Dillard
Councilmember Lauren Cazares
Councilmember Laura Lothian
Councilmember Genevieve Suzuki
City Treasurer Matthew Strabone
Staff: City Manager Greg Humora
City Attorney Glenn Sabine
City Clerk Megan Wiegelman
The City Council meeting may be viewed in-person or live on Cox Cable Channel 24 (within La Mesa City limits), AT&T U-Verse Channel 99 (in the San Diego Region), the City’s website (www.cityoflamesa.us), Facebook Live (www.facebook.com/lamesaca) or using the following Zoom Webinar options:
The public may view the meeting live using the following remote options:
Teleconference Meeting Webinar
https://us06web.zoom.us/j/84472650722
Telephone (Audio only)
(669) 900-6833 or (253) 215-8782 Webinar ID: 844 7265 0722 Copy and paste the webinar link into your internet browser if the webinar link does not work directly from the agenda.
PUBLIC COMMENTS
In-Person comments during the meeting: Join us for the City Council meeting at the time and location specified on this agenda to make your comments. Please complete a “Request to Speak” card and submit it to the Council Hostess. When the Mayor calls your name, step to the podium and state your name for the record. Comments will be limited to three (3) minutes.
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PLEASE NOTE: Public Comment will be limited to 3 minutes per item. The timer begins when the participant begins speaking. Time cannot be combined or yielded to another speaker. *Live Remote Public Comment ONLY permitted during Councilmember teleconferencing pursuant to California Government Code Section 54953 (AB 2449).
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Citizens who wish to make an audio/visual presentation pertaining to an item on the agenda, or during Public Comments, should contact the City Clerk’s office at 619.667.1120, no later than 12:00 p.m., the Monday prior to the meeting day. Advance notification will ensure compatibility with City equipment and allow Council meeting presentations to progress smoothly and in a consistent and equitable manner. Please note that all presentations/digital materials are considered part of the maximum time limit provided to speakers.
Agenda reports for items on this agenda are available for public review at the City Clerk's Office, 8130 Allison Avenue, during normal business hours.
Materials related to an item on this agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City Clerk’s Office, 8130 Allison Avenue, during normal business hours.
ACCESSIBILITY: The City of La Mesa encourages the participation of disabled individuals in the services, activities and programs provided by the City. Individuals with disabilities, who require reasonable accommodation in order to participate in the City Council meetings, should contact the Administrative Services Department 48 hours prior to the meeting at 619.667.1175, fax 619.667.1163, or [email protected].
Hearing assisted devices are available for the hearing impaired. A City staff member is available to provide these devices upon entry to City Council meetings, commission meetings or public hearings held in the City Council Chambers. A photo i.d. or signature will be required to secure a device for the meeting.
Pages
1. CALL TO ORDER
1.1 INVOCATION - COUNCILMEMBER SUZUKI
1.2 PLEDGE OF ALLEGIANCE
2. CITY MANAGER COMMENTS
3. COMMUNITY BULLETIN REPORTS
4. ADDITIONS AND/OR DELETIONS TO THE AGENDA
5. PRESENTATION
5.1 LA MESA ENTREPRENEURSHIP ACCELERATOR PROGRAM (LEAP)
PRESENTATION
6. PUBLIC COMMENTS – (TOTAL TIME – 15 MINUTES)
NOTE: In accordance with state law, an item not scheduled on the agenda may be brought forward by the general public for comment; however, the City Council will not be able to discuss or take any action on the item at this meeting.
If appropriate, the item will be referred to Staff or placed on a future agenda.
7. CONFLICT DISCLOSURES
8. BOARD AND COMMISSION INTERVIEWS
8.1 INTERVIEW OF APPLICANT FOR THE UNSCHEDULED VACANCY
ON THE LA MESA COMMUNITY PARKING COMMISSION
1 Staff Reference: Ms. Wiegelman
9. PUBLIC COMMENTS ON CONSENT CALENDAR
This is the time in which members of the Council or audience may pull items from the CONSENT CALENDAR for discussion. Public Comments are also invited on Consent Calendar items.
10. CONSENT CALENDAR
(Items 10.1 through 10.9)
The Consent Calendar includes items considered to be routine. Unless discussion is requested by members of the Council or audience, all Consent Calendar items may be approved by one motion.
Recommended Motion:
Approve Consent Calendar Items 10.1 through 10.9.
10.1 APPROVAL OF MOTION TO WAIVE THE READING OF THE TEXT
OF ALL ORDINANCES AND RESOLUTIONS AT THIS MEETING
Recommended Motion:
Approve.
10.2 APPROVAL OF THE MINUTES FOR THE CITY COUNCIL SPECIAL MEETING HELD TUESDAY, MARCH 11, 2025
4 Recommended Motion:
Approve.
10.3 APPROVAL OF THE MINUTES FOR THE CITY COUNCIL REGULAR MEETING HELD TUESDAY, MARCH 11, 2025
6 Recommended Motion:
Approve.
10.4 RESOLUTION APPROVING AN AGREEMENT TO GROUND LEASE
PROPERTY BETWEEN THE CITY OF LA MESA AND LA MESA
SENIOR LIVING, L.P. FOR A RESIDENTIAL CARE FACILITY FOR THE ELDERLY AT 9000 MURRAY DRIVE
11 Staff Reference: Ms. Lee
Recommended Motion:
Adopt Resolution.
10.5 ACCEPT THE 2024 ANNUAL REPORT – IMPLEMENTATION OF THE
GENERAL PLAN AND HOUSING ELEMENT
53 Staff Report: Ms. Santos
Recommended Motion:
Approve.
10.6 RATIFICATION OF DESIGN REVIEW FOR PROJECT NO. 2024-0613 (7959 PARKWAY DRIVE) - REMODEL OF AN EXISTING CARWASH
FACILITY AT 7959 PARKWAY DRIVE, APN 464-523-14-00 IN THE CD (GENERAL COMMERCIAL/URBAN DESIGN OVERLAY) ZONE 169
Staff Reference: Ms. Santos
Recommended Motion:
Approve.
10.7 RESOLUTION TO AMEND AN AGREEMENT WITH RICK
ENGINEERING FOR AS-NEEDED STAFF AUGMENTATION
SERVICES TO SUPPORT THE COMMUNITY DEVELOPMENT
DEPARTMENT
209
Staff Reference: Ms. Santos
Recommended Motion:
Adopt Resolution.
10.8 RESOLUTION AUTHORIZING CONTRACT CHANGE ORDER NO. 2
FOR THE LA MESA BIKE AND SIDEWALK CONNECTIONS PROJECT
TO RICK ENGINEERING FOR TRANSPORTATION DESIGN
SERVICES
216
Staff Reference: Mr. Throne
Recommended Motion:
Adopt Resolution.
10.9 RESOLUTION AMENDING UNDERGROUND UTILITY DISTRICT NO. 28 BOUNDARIES IN THE CITY OF LA MESA
223
Staff Reference: Mr. Throne
Recommended Motion:
Adopt Resolution.
11. STAFF REPORTS
11.1 CONSIDERATION OF THE 2024 NEIGHBORHOOD TRAFFIC
MANAGEMENT PROGRAM ANNUAL REPORT AND 2025 WORK
PLAN
230
Staff Reference: Mr. Throne
Recommended Motion:
Accept the 2024 Neighborhood Traffic Management Program annual report including the ranked list of streets requesting traffic calming and the 2025 Work Plan.
11.2 CONSIDERATION OF RESOLUTION AWARDING REQUEST FOR
PROPOSALS (RFP) 25-10 TO HMC GROUP TO PREPARE A NEW
BUILDING SPACE NEEDS ANALYSIS TO HOUSE CITY HALL AND A
POST OFFICE TO ALLOW EXPANSION OF THE LIBRARY
237
Staff Reference: Mr. Humora
Recommended Motion:
Adopt Resolution.
12. COUNCIL COMMITTEE REPORTS (3 MINUTE LIMIT)
13. AB 1234 REPORTS (GC 53232.3 (d))
14. CITY ATTORNEY REMARKS
15. ADJOURNMENT
DATE: March 25, 2025
TO: Mayor and Members of the City Council
FROM: Megan Wiegelman, CMC, City Clerk
VIA: Greg Humora, City Manager
SUBJECT: INTERVIEW OF APPLICANT FOR THE UNSCHEDULED VACANCY ON
THE LA MESA COMMUNITY PARKING COMMISSION
Attached is an application from a citizen seeking appointment to fill the unscheduled vacancy on the La Mesa Community Parking Commission. The applicant has been invited to attend the meeting and provide a brief three-minute presentation on their qualifications and interest in serving.
The City Clerk will call the applicant forward for their interview. Following the presentation, you will have the opportunity to ask any questions if desired.
The appointment will be made at the City Council meeting on April 8th.
Attachment
La Mesa Community Parking Commission: 1 position – four-year term One position represents the general population (G) with term expiring June 30, 2028
Two members shall be at-large members and three members shall be business representatives, property owners, or residents residing in the CD/D Downtown Commercial Zone. Members are subject to the Conflict of Interest Code.
First Appointed Terms
Jacqueline Bougie (G)
THE APPLICATION IS AVAILABLE FOR REVIEW IN THE CITY CLERK’S OFFICE
1 La Mesa City Council
Minutes of a Special Meeting
Date:
Location:
March 11, 2025, 5:30 p.m.
Council Chambers and City Manager's Conference Room
City Hall, 8130 Allison Avenue
La Mesa, California
Present: Mayor Mark Arapostathis
Vice Mayor Patricia N. Dillard
Councilmember Lauren Cazares
Councilmember Laura Lothian
Councilmember Genevieve Suzuki
Staff: Assistant City Manager Amanda Lee
City Attorney Glenn Sabine
City Clerk Megan Wiegelman
_____________________________________________________________________
1. CALL TO ORDER
Mayor Arapostathis called the meeting to order at 5:30 p.m.
1.1 PLEDGE OF ALLEGIANCE
2. PUBLIC COMMENTS
There were no public comments.
3. OPEN SESSION
3.1 CONFERENCE WITH REAL PROPERTY NEGOTIATOR
AUTHORITY: Government Code 54956.8
PROPERTY: Assessor's Parcel Number 494-240-4500; 8213
University Avenue, La Mesa, CA 91942
CITY NEGOTIATOR: Greg Humora, City Manager
TO NEGOTIATE WITH: Steven Sell
2 UNDER NEGOTIATION: Possible sale of city-owned property related to the above referenced property
Mayor Arapostathis adjourned the meeting to Closed Session at 5:30 p.m.
Councilmember Lothian arrived at the meeting at 5:31 p.m.
Vice Mayor Dillard arrived at the meeting at 5:32 p.m.
4. CLOSED SESSION
4.1 CONFERENCE WITH REAL PROPERTY NEGOTIATOR
AUTHORITY: Government Code 54956.8
PROPERTY: Assessor's Parcel Number 494-240-4500; 8213
University Avenue, La Mesa, CA 91942
CITY NEGOTIATOR: Greg Humora, City Manager
TO NEGOTIATE WITH: Steven Sell
UNDER NEGOTIATION: Possible sale of city-owned property related to the above referenced property
The meeting reconvened at 5:46 p.m. with all members present.
5. REPORT FROM CLOSED SESSION
City Attorney Sabine announced that the Council unanimously authorized the City Manager to proceed with negotiations for the potential sale of the property at 8213 University Avenue, La Mesa, CA 91942.
6. ADJOURNMENT
Mayor Arapostathis adjourned the meeting at 5:46 p.m.
_________________________
City Clerk
1 La Mesa City Council
Minutes of a Regular Meeting
Date:
Location:
March 11, 2025, 6:00 pm
City Council Chambers, 8130 Allison Avenue
La Mesa, California
Present: Mayor Mark Arapostathis
Vice Mayor Patricia N. Dillard
Councilmember Lauren Cazares
Councilmember Laura Lothian
Councilmember Genevieve Suzuki
Staff: Assistant City Manager Amanda Lee
City Attorney Glenn Sabine
City Clerk Megan Wiegelman
_____________________________________________________________________
1. CALL TO ORDER
The City Council minutes are prepared and ordered to correspond to the City Council Agenda. Agenda Items can be taken out of order during the meeting.
The Agenda Items were considered in the order presented.
Mayor Arapostathis called the meeting to order at 6:00 p.m.
1.1 INVOCATION - COUNCILMEMBER SUZUKI
1.2 PLEDGE OF ALLEGIANCE
2. REPORT FROM CLOSED SESSION
City Attorney Sabine announced that the Council unanimously authorized the City Manager to proceed with negotiations for the potential sale of the property at 8213 University Avenue, La Mesa, CA 91942.
2 3. CITY MANAGER COMMENTS
Assistant City Manager Lee announced that the La Mesa Bronze Tree sculpture, created in 1983 by local artist Rod Lingren, had been selected for the art exchange with the City of Bar in Montenegro.
4. COMMUNITY BULLETIN REPORTS
The Mayor, Council and staff made announcements and reported on various events taking place in the City. No action was taken.
5. ADDITIONS AND/OR DELETIONS TO THE AGENDA
There were no additions or deletions to the agenda.
6. PRESENTATION
6.1 PRESENTATION ON EMERGENCY WATER PLANNING BY HELIX
WATER DISTRICT
Mark Gracyk, Helix Water District Division 3 Director, introduced Brian Olney, General Manager of Helix Water District, who gave a PowerPoint presentation on emergency water planning for extreme fire events, focusing on the district's ability to maintain water supply during wildfires.
He explained that fire hydrants might run out of water due to high demand, broken pipes, excessive irrigation, and limited pumping capacity. Mr. Olney stated that the district is prepared with 25 storage tanks, 25 pump stations, and a 75-day water supply in Lake Jennings, as well as access to regional emergency supplies. He highlighted preparedness measures such as backup power for pumping, shared resource agreements with other utilities, interconnections to redistribute water, coordination with local fire protection districts, and rigorous maintenance of valves and hydrants.
Council questions and comments ensued.
7. PUBLIC COMMENTS – (TOTAL TIME – 15 MINUTES)
Barbie Wheeler spoke on her concerns about a house on Bellflower Drive.
Brenda Leek spoke about outdoor dining and the Flag Day Parade.
Brenda Hammond shared the history of her hat with pins and emphasized the importance of everyone getting along.
Chris Glenn submitted a comment regarding the impact the Fiscal Year 2025 House Budget reconciliation process would have if enacted.
3 Wendy Mihalic submitted a comment on campaign finance reform, including campaign finance limits.
Mairs Ryan submitted a comment regarding remote public comment.
8. CONFLICT DISCLOSURES
There were no conflicts of interest disclosed.
9. BOARD AND COMMISSION APPOINTMENTS
9.1 RESOLUTION APPOINTING A MEMBER TO FILL A VACANCY ON THE
MOBILITY COMMISSION
Mayor Arapostathis nominated Shaun Sumner for appointment to the Mobility Commission.
Resolution No. 2025-019
Moved By Mayor Arapostathis
Seconded By Councilmember Suzuki
Approve the appointment of Shaun Sumner to the Mobility Commission as the representative with significant experience in climate or environmental issues, and adopt Resolution confirming the appointment.
For (5): Mayor Arapostathis, Vice Mayor Dillard, Councilmember Cazares, Councilmember Lothian, and Councilmember Suzuki
Approved (5 to 0)
10. PUBLIC COMMENTS ON CONSENT CALENDAR
Susan Wayne spoke on Item 11.4.
11. CONSENT CALENDAR
(Items 11.1 through 11.9)
*If a public hearing item is part of the Consent Calendar, the public hearing shall be deemed held if the item is not removed from the Consent Calendar for discussion and possible action (Item 11.9).
Councilmember Lothian requested the Director of Community Development give a brief summary of Item 11.6.
Director of Community Development Santos summarized the permit and development activity for the quarter ending December 31, 2024.
4 Moved By Mayor Arapostathis
Seconded By Vice Mayor Dillard
Approve Consent Calendar Items 11.1 through 11.9.
For (5): Mayor Arapostathis, Vice Mayor Dillard, Councilmember Cazares, Councilmember Lothian, and Councilmember Suzuki
Approved (5 to 0)
11.1 APPROVAL OF MOTION TO WAIVE THE READING OF THE TEXT OF
ALL ORDINANCES AND RESOLUTIONS AT THIS MEETING
Approve.
11.2 APPROVAL OF THE MINUTES FOR THE CITY COUNCIL REGULAR MEETING HELD TUESDAY, FEBRUARY 25, 2025
Approve.
11.3 COMMUNITY POLICE OVERSIGHT BOARD 2024 ANNUAL REPORT Receive and file.
11.4 RESOLUTION APPROVING THE FIRST AMENDMENT TO AN
AGREEMENT BETWEEN THE CITY OF LA MESA AND THE SAN
DIEGO HUMANE SOCIETY AND S.P.C.A FOR ANIMAL SHELTER AND
FIELD SERVICES
Resolution No. 2025-020
Adopt Resolution.
11.5 2025 BOARD AND COMMISSION WORK PLANS
COMMUNITY RELATIONS AND VETERANS COMMISSION
Approve.
11.6 PERMIT AND DEVELOPMENT ACTIVITY QUARTERLY UPDATE
(OCTOBER 2024 - DECEMBER 2024)
Receive and file.
11.7 RESOLUTION AWARDING RFP 24-06 TO RICK ENGINEERING
COMPANY FOR PROFESSIONAL SERVICES FOR THE PREPARATION
OF PHASE 2 OF THE DOWNTOWN VILLAGE SPECIFIC PLAN
UPDATE
Resolution No. 2025-021
Adopt Resolution.
5 11.8 RESOLUTION AUTHORIZING CONTRACT CHANGE ORDER NO.1
FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES
FOR THE BOULEVARD DRIVE STORM DRAIN IMPROVEMENT
PROJECT
Resolution No. 2025-022
Adopt Resolution.
11.9 *RESOLUTION ADOPTING AN AMENDMENT TO THE TRANSNET
LOCAL STREET IMPROVEMENT PROGRAM OF PROJECTS FOR
FISCAL YEARS 2025 THROUGH 2029
Resolution No. 2025-023
Adopt Resolution.
12. COUNCIL COMMITTEE REPORTS (3 MINUTE LIMIT)
The Mayor and Council reported on various outside boards, commissions and committee meetings they attended. No action was taken.
13. AB 1234 REPORTS (GC 53232.3 (d))
There were no reports.
14. CITY ATTORNEY REMARKS
There were no remarks.
15. ADJOURNMENT
Mayor Arapostathis invited Councilmember Cazares to adjourn the meeting.
Councilmember Cazares adjourned the meeting at 6:46 p.m. in memory of longtime La Mesa resident Gary Armacost, a Vietnam veteran and Purple Heart recipient.
_________________________
City Clerk
REPORT to the MAYOR and MEMBERS of the CITY COUNCIL
From the CITY MANAGER
DATE: March 25, 2025
SUBJECT: RESOLUTION APPROVING AN AGREEMENT TO
GROUND LEASE PROPERTY BETWEEN THE CITY OF
LA MESA AND LA MESA SENIOR LIVING, L.P. FOR A
RESIDENTIAL CARE FACILITY FOR THE ELDERLY AT
9000 MURRAY DRIVE
ISSUING DEPARTMENT: City Manager
SUMMARY:
Issues:
Should the City Council adopt a resolution approving an agreement to ground lease property between the City of La Mesa and La Mesa Senior Living, L.P. for a residential care facility for the elderly at 9000 Murray Drive? Recommendation:
That the City Council adopt a resolution approving an agreement to ground lease property between the City of La Mesa and La Mesa Senior Living, L.P. for a residential care facility for the elderly at 9000 Murray Drive, in substantial form subject to final review and approval by the City Attorney.
Fiscal Impact:
Based on the projected rent schedule and compounded increases, the new ground lease is estimated to generate an additional $10,239,634 in ground rent revenue to the City. Over the full 55-year term of the new lease, the City is projected to receive $59,864,167 in total rent payments. A portion of this revenue will be allocated to the ongoing maintenance of Briercrest Park.
City’s Strategic Goals:
Report to Mayor and Councilmembers
Date: March 25, 2025
Page: 2 of 3
Ensure a strong financial outlook through careful planning, sustainable service levels, and fiscal sustainability.
Promote a high quality of life that current and future generations can afford to call home.
Environmental Review:
The proposed action exempt from environmental review under the California Environmental Quality Act (CEQA).
BACKGROUND:
The City of La Mesa is the owner of real property located at 9000 Murray Drive, situated at the northeast corner of State Route 125 and Murray Drive. In 2016, the City entered into a 55-year ground lease with La Mesa Senior Living, L.P. for the development and operation of a residential care facility for the elderly, known as Westmont of La Mesa.
DISCUSSION:
La Mesa Senior Living, LP is seeking to refinance an existing loan for the referenced property. As part of the refinancing process, the lender is requiring a new 55-year ground lease agreement. To accommodate this request, it would be necessary the City to terminate the existing lease and enter into a new lease with substantially similar terms and conditions, except for resetting the lease term to a full 55 years.
Under the proposed new lease, included as Attachment B, La Mesa Senior Living will continue to pay ground rent to the City beginning at $439,946 per year, with an annual increase of three percent (3%). Over the course of the 55-year term, total ground rent payments will amount to approximately $59,864,167. A portion of the ground rent revenue will be allocated to the ongoing maintenance of neighboring Briercrest Park.
The City will retain its fee ownership interest in the referenced property and will not subordinate its position to any debt incurred by La Mesa Senior Living L.P. At the conclusion of the lease term, ownership of the referenced property and all improvements will revert to the City.
CONCLUSION:
Staff recommends that the City Council approve the termination of the existing ground lease and approve a resolution approving a new ground lease agreement between the City of La Mesa and La Mesa Senior Living, L.P. for a residential care facility for the elderly at 9000 Murray Drive, subject to the final review and approval by the City Attorney
Report to Mayor and Councilmembers
Date: March 25, 2025
Page: 3 of 3
Reviewed by: Respectfully submitted by:
____________________ ____________________________
Greg Humora Amanda Lee
City Manager Assistant City Manager
Attachments: A. Resolution approving an agreement to ground lease property between the City of La Mesa and La Mesa Senior Living, L.P. for a residential care facility for the elderly at 9000 Murray Drive B. Ground Lease
RESOLUTION NO. 2025-____
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA MESA
APPROVING AN AGREEMENT TO GROUND LEASE PROPERTY BETWEEN THE CITY OF LA MESA AND LA MESA SENIOR LIVING, L.P. FOR A RESIDENTIAL CARE FACILITY FOR THE ELDERLY AT 9000 MURRAY DRIVE WHEREAS, the City of La Mesa ("City") is the owner of approximately 3.3 acres of real property located at 9000 Murray Drive, at the northeast corner of State Route 125 and Murray Drive, within the Grossmont Specific Plan area,
WHEREAS, in 2016, City entered into a 55-year ground lease with La Mesa Senior Living, L.P. ("Lessee") for the development and operation of a licensed Residential Care Facility for the Elderly, known as Westmont of La Mesa, in consistent with the La Mesa General Plan, the Grossmont Specific Plan and the Parks Master Plan,
WHEREAS, La Mesa Senior Living, L.P. now seeks to refinance an existing loan related to the reference care facility, and the lender requires a new 55-year ground lease agreement as a condition of refinancing; and
WHEREAS, to facilitate the refinancing, it would be necessary for the City proposes to terminate the existing lease and enter into a new 55-year term ground lease with the same material terms.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of La Mesa, California, that the Mayor is hereby authorized to execute the Ground Lease Agreement between the City of La Mesa and La Mesa Senior Living, L.P. for a residential care facility for the elderly at 9000 Murray Drive.
PASSED AND ADOPTED at a Regular meeting of the City Council of the City of La Mesa, California, held the 25th day of March 2025, by the following vote, to wit:
AYES:
NOES:
ABSENT:
CERTIFICATE OF CITY CLERK
I, MEGAN WEIGELMAN, City Clerk of the City of La Mesa, California, do hereby certify the foregoing to be a true and exact copy of Resolution No. 2025- , duly passed and adopted by the City Council of said City on the date and by the vote therein recited.
MEGAN WEIGELMAN, CMC, City Clerk
(SEAL OF CITY)
1 GROUND LEASE
THIS GROUND LEASE (this “Lease”), dated as of March 1, 2025 (the “Effective Date”), is entered into by and between the CITY OF LA MESA, a municipal corporation (“Landlord”), and LA MESA SENIOR LIVING, LP, a California limited partnership (“Tenant”), with reference to the following:
RECITALS
A. Landlord is the owner of certain real property situated in the City of La Mesa, County of San Diego, State of California, and legally described in Exhibit A, attached hereto and incorporated herein by this reference (the “Property”).
B. Landlord and Tenant entered into that certain Agreement to Ground Lease Property dated as of July 26, 2016 (as amended), pursuant to which Landlord, on certain terms and conditions, agreed to ground lease the Property to Tenant pursuant to this Lease. Tenant has satisfied those terms and conditions.
C. Accordingly, Landlord desires to lease the Property to Tenant, and Tenant desires to lease the Property from Landlord, for development and operation of a residential care facility for the elderly consisting of 111 assisted living units, 26 Units and 34 beds of memory care, licensed by the State of California in accordance with City of La Mesa Conditional Use Permit No. (the “Residential Care Facility”) pursuant to the terms and conditions set forth in this Lease.
D. This Lease is in the vital and best interest of the City of La Mesa, California, and the health, safety and welfare of its residents.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant hereby agree as follows:
AGREEMENT
ARTICLE I.
LEASE OF PROPERTY
1.1 Lease of Property. Landlord hereby leases to Tenant, and Tenant leases from Landlord, the Property, subject to the terms and conditions of this Lease.
1.2 Purpose of Lease. The purpose of this Lease is to provide for the maintenance and operation of the Residential Care Facility and any related lawful uses thereto (e.g., operating a salon, providing therapy services and outpatient services), together with any other lawful purposes reasonably approved by Landlord. Tenant (and its successors-in-interest) shall not occupy or use the Property, or permit the Property to be used or occupied, nor do or permit anything to be done in or on the Property, in whole or in part, for any purpose other than those stated above.
2 1.3 Recorded Covenants. This Lease, the interests of Landlord and Tenant hereunder, and the Property, are in all respects subject to and bound by all of the covenants, conditions, restrictions, reservations, rights, rights-of-way and easements of record as set forth in Exhibit B, attached hereto and incorporated herein by this reference (together with (i) the Memorandum of Unrecorded Ground Lease and (ii) the lien of taxes (including any assessments collected with taxes) levied or to be levied during the Term, the “Permitted Encumbrances”).
From and after the Effective Date, Landlord shall not create or permit any additional encumbrance that is not a Permitted Encumbrance against title to the Property without the prior written consent of Tenant. If, after the Effective Date, Tenant discovers that Landlord has created or permitted any encumbrance against title to the Property that is not a Permitted Encumbrance without Tenant's prior written consent, then Tenant may elect, in its sole and absolute discretion, to either (a) pay all costs and expenses necessary to remove such encumbrance from title and offset such costs against Monthly Base Rent, or (b) pursue any remedies available to it pursuant to Section 19.5.
1.4 Memorandum of Unrecorded Ground Lease. A short form Memorandum of Unrecorded Ground Lease referring to this Lease has been executed by Landlord and Tenant, and recorded in the Official Records (the “Memorandum of Unrecorded Ground Lease”).
1.5 No Entitlements. Nothing contained herein shall be deemed to entitle Tenant to any City of La Mesa permit or other City of La Mesa approval necessary for the operation of the Residential Care Facility or waive any applicable City of La Mesa requirements relating thereto.
This Lease does not (i) grant any land use entitlement to Tenant, (ii) supersede, nullify or amend any condition which may be imposed by Landlord in its role as a municipal corporation in connection with the operation of the Residential Care Facility, (iii) guarantee to Tenant or any other party any profits from the operation of the Residential Care Facilityor (iv) amend any City of La Mesa laws, codes or rules. This Lease is not a development agreement as provided in California Government Code Section 65864 et seq. In performing its role as a municipal corporation, Landlord shall not be constrained by, or held to be in violation of, any provision of this Lease.
ARTICLE II.
ADDITIONAL DEFINITIONS
Capitalized words and terms used herein and not defined where first used shall have the meanings set forth below:
“City Manager” means the City Manager of the City of La Mesa, California or his or her designee.
“Environmental Law” means any Federal, State or local environmental, health and/or safety-related law, rule, regulation, requirement, order, ordinance, directive, guideline, permit or permit condition, currently existing and as amended, enacted, issued or adopted in the future.
The term “Environmental Law” includes, but is not limited to, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, and similar
3 State or local laws.
“Hazardous Materials” means any chemical, substance, object, condition, material, waste, or controlled substance which is or may be hazardous to human health or safety or to the environment, due to its radioactivity, ignitability, corrosiveness, explosivity, flammability, reactivity, toxicity, infectiousness, or other harmful or potentially harmful properties or effects, including, without limitation, all chemicals, substances, materials, or wastes that are now or hereafter may be listed, defined, or regulated in any manner by any Federal, State, or local government agency or entity, or under any Federal, State, or local law, regulation, ordinance, rule, policy or procedure due to such properties or effects. “Improvements” means all buildings, structures and other improvements, including the Residential Care Facility, building fixtures thereon, now located on the Property or hereafter constructed on the Property; all landscaping, fencing, walls, paving, curbing, drainage facilities, lighting, parking areas, roadways and similar site improvements now located or hereafter placed upon the Property.
“Index” means the Consumer Price Index Urban Wage Earners and Clerical Workers (San Diego, CA, All Items, Base 1982 84 = 100) as published by the United States Department of Labor, Bureau of Labor Statistics. Should the Bureau of Labor Statistics discontinue the publication of the Index, or publish the same less frequently or on a different schedule, or alter the same in some other manner including, without limitation, changing the name of the Index or the geographic area covered by the Index, then Landlord and Tenant shall adopt a substitute index or procedure which reasonably reflects and monitors consumer prices. “Lease Year” means each consecutive 12-month period under this Lease beginning with the Commencement Date, and each subsequent Lease Year shall be the 12-month period following the prior Lease Year.
“Official Records” means the Official Records of the County of San Diego, California. “Plans” means the set of plans, initialed by Tenant, on file in the office of Landlord, incorporated herein by this reference.
“Project” refers to the Property and the Improvements, including but not limited to the Residential Care Facility constructed and maintained thereon. “Project Costs” means all reasonable construction costs, both so-called “hard” and “soft” costs, including, but not limited to, architectural and engineering fees, costs of other consultants and attorneys, the cost of all plans, permits and other governmental required fees; costs of financing, the costs of grading and all onsite and offsite improvements and preparation, utility fees and installations, governmental approvals, the cost of trade fixtures, equipment and furnishings and other finish improvements to the Improvements, marketing costs, start-up negative cash flow costs, including rent payments and a construction loan interest reserve and takeout loan payment reserve.
4 “Real Property Taxes & Assessments” means all taxes (including, without limitation, sales and use taxes); assessments (including, without limitation, all assessments for public improvements or benefits whether or not commenced or completed prior to the Commencement Date and whether or not to be completed within the Term); water, sewer or other rents, rates and charges; excises; levies; license fees; permit fees; inspection fees and other authorization fees and other charges; in each case whether general or special, ordinary or extraordinary, foreseen or unforeseen, of every character (including all interests and penalties thereon), which are attributable or applicable to any portion of the Property or Improvements during the Term and may be assessed, levied, confirmed or imposed on or in respect of, or be a lien upon (a) the Property or the Improvements, or any part thereof, or any estate, right or interest therein, (b) any occupancy, use or possession of or activity conducted on the Property or the Improvements, or any part thereof, or (c) this Lease. The term “Real Property Taxes & Assessments” shall also include any and all increases in the foregoing, whether foreseen or unforeseen, ordinary or extraordinary, including, without limitation, any increase in real property taxes resulting from a sale of the Property by Landlord. The term “Real Property Taxes & Assessments” shall not include (i) any franchise, corporate, net income, gross receipts, excess profits, transfer, estate, gift, inheritance or succession tax payable by Landlord; or (ii) any other tax, assessment, levy or charge upon or measured in whole or in part by the net income or profits of Landlord.
“Sublease” means a sublease between Tenant and a Subtenant. “Unit” means one or more rooms of living space that are adjoined through a single entryway into a hallway of the Residential Care Facility.
ARTICLE III.
TERM
3.1 Commencement Date. The term of this Lease (the “Term”) shall run from the Effective Date ( also the “Commencement Date”), and shall continue thereafter until the expiration of the 55th Lease Year.
3.2 Expiration of Term. At the beginning of the 55th year of the Term, the parties hereto shall meet and confer with regard to the expiration of the Term and the then-permitted options available to the parties hereto concerning the future of the Property, the Improvements and the Project.
ARTICLE IV.
RENTAL
4.1 Rent. Tenant shall pay to Landlord without abatement, deduction, or offset the following sums: $439,946 as annual net rent (the “Annual Rent”) for Rent Year 1. For each subsequent Rent Year, the Annual Rent shall increase by 3% over the Annual Rent for the previous Rent Year, as set forth in the schedule attached hereto as Exhibit C, “Schedule of Annual Rent Payments and Annual Park Maintenance Charge” and incorporated herein by reference. Notwithstanding the foregoing, Tenant shall receive a credit against each Annual Rent
5 payment in the amount of the Park Maintenance Charge paid by Tenant to Landlord for the subject Rent Year. The Annual Rent payments shall be payable in advance in equal monthly installments on the first day of each month of such Rent Year.
4.2 Park Maintenance Charges. Tenant shall pay without abatement, deduction or offset a contribution towards the cost of maintaining Briercrest Park (the “Park Maintenance Charge”). The Park Maintenance Charge for each Rent Year shall be as set forth in the schedule attached hereto as Exhibit C and incorporated herein by reference. The Park Maintenance Charge for Rent Year 1 and every Rent Year thereafter shall be payable in advance in equal monthly installments on the first day of each month of such Rent Year.
4.3 Definition of Rent Year. The first rent year (“Rent Year”) (i.e., Rent Year 1) shall commence on the Commencement Date. All subsequent Rent Years shall commence on the anniversary of the commencement date of Rent Year 1. If the final Rent Year is less than a full year, then Annual Rent and the Park Maintenance Charge for such year shall be payable on a pro rata basis.
4.4 Utilities and Services. Tenant shall make all arrangements for and pay for all utilities and services furnished to or used by it, including, without limitation, gas electricity, water, telephone service, and trash disposal, and for all connection charges.
4.5 Real Property Taxes & Assessments. In accordance with California Revenue and Taxation Code Section 107.6(a), Landlord states that by entering into this Lease, a possessory interest subject to certain Real Property Taxes & Assessments may be created. Tenant or such other party in whom the possessory interest is vested may be subject to the payment of all Real Property Taxes & Assessments levied on such interest. Tenant shall pay all Real Property Taxes & Assessments directly to the applicable taxing authorities throughout the Term.
All such payments shall be made prior to the delinquency date of such payment. Tenant shall promptly furnish Landlord with reasonably satisfactory evidence that such Real Property Taxes & Assessments have been paid. If any such Real Property Taxes & Assessments paid by Tenant cover any period of time prior to or after the expiration of the Term, then Tenant's share of such Real Property Taxes & Assessments shall be equitably prorated to cover only the period of time within the tax fiscal year during which this Lease shall be in effect, and Landlord shall reimburse Tenant to the extent required. If Tenant fails to pay any such Real Property Taxes & Assessments, then Landlord shall have the right to pay the same, in which case Tenant shall repay such amount to Landlord within 10 days after demand from Landlord together with interest at the rate set forth in Section 4.7.
Tenant shall pay prior to delinquency all taxes assessed against and levied upon trade fixtures, furnishings, equipment and all other personal property of Tenant contained in the Property or elsewhere. When possible, Tenant shall cause said trade fixtures, furnishings, equipment and all other personal property to be assessed and billed separately from the real property of Landlord. If any of Tenant's said personal property shall be assessed with Landlord's real property, then Tenant shall pay Landlord the taxes paid by Landlord attributable to Tenant within 10 days after receipt of a written statement setting forth the taxes paid by Landlord applicable to Tenant's property.
6 4.6 Tenant's Right to Contest. Tenant shall have the right to contest the amount or validity of any Real Property Taxes & Assessments, in whole or in part, by appropriate administrative and legal proceedings, either in the name of Landlord or Tenant, without any cost or expense to Landlord, and Tenant may postpone payment of any such contested Real Property Taxes & Assessments pending the prosecution of such proceedings and any appeals but shall protect Landlord and the Property from any lien by adequate surety bond or other appropriate security. Landlord shall sign and deliver to Tenant whatever documents may be necessary or proper to permit Tenant to so contest any Real Property Taxes & Assessments or which may be necessary to secure payment of any refund which may result from any such proceedings. Any such contest must be at no cost or expense to Landlord. Each refund of any tax or assessment so contested shall be paid to Tenant to the extent relating to the Term. Landlord shall not, without the prior approval of Tenant, discontinue or agree to any disposition of any contest or accept any credit or other adjustment of any such tax or assessment as a result of such contest.
Notwithstanding the foregoing, this Section 4.6 shall not apply and Tenant shall have no right to postpone payments of Real Property Taxes & Assessments or conduct any dispute or contest described in this Section 4.6 during any period during which Tenant is in default of this Lease.
4.7 Overdue Interest. Any amount due to Landlord, if not paid when due and before expiration of the applicable grace period, if any, shall bear interest from the date due until paid at the lower of: (a) the reference or prime rate of Bank of America, N.T. & S.A., in effect from time to time plus 2%; or (b) the highest rate of interest allowed under applicable usury law.
ARTICLE V.
POSSESSION OF PROPERTY
5.1 Ownership of Improvements; Surrender of Property. During the Term, title to all Improvements constructed or placed on the Property by Tenant is and shall be vested in Tenant. Tenant agrees that upon the expiration or earlier termination of this Lease, the Improvements on the Property shall become the property of Landlord, without any further compensation therefor from Landlord to Tenant or any other person. Upon the expiration or earlier termination of this Lease, Tenant shall peaceably and quietly leave and surrender the Property and the Improvements to Landlord in good order, condition and repair, reasonable wear and tear and obsolescence excepted; provided, however, that it is expressly understood that Tenant may go upon the Property following the expiration of the Term to remove all trade fixtures placed on the Property by Tenant and all other property placed on the Property by it which removal does not damage the structural portion of any building located on the Property and so long as any damage to any property of Landlord occasioned by such removal is thereupon repaired. In the event that Tenant does not remove its personal property and trade fixtures that are permitted by this Section 5.1 to be removed from the Improvements within 30 days following the termination of this Lease, such personal property and trade fixtures shall be deemed abandoned, and Landlord shall be entitled to retain such together with the remaining Improvements on the Property. Contemporaneous with the expiration or earlier termination of this Lease, Tenant shall immediately deliver to Landlord (i) such documents, instruments and conveyances as Landlord may reasonably request to enable Landlord's ownership of the Property and the Improvements to be reflected of record, including, without limitation, a quitclaim deed in
7 recordable form to the Property and the Improvements; and (ii) all construction plans, surveys, permits and other documents relating to the Improvements as may be in the possession of Tenant at the time.
5.2 Abandonment. Any provision of this Lease to the contrary notwithstanding, if Tenant determines in good faith exercising commercially reasonable business judgment that the Project cannot reasonably be made to operate at a positive cash flow, then Tenant may cease operation of such business or any other use of the Property, provided that such abandonment shall not relieve Tenant of the obligation to pay Annual Rent or relieve Tenant of Tenant's other obligations under this Lease.
ARTICLE VI.
REPRESENTATIONS AND WARRANTIES
6.1 Landlord's Representations. In addition to the representations and warranties contained in other sections of this Lease, Landlord makes the representations and warranties to Tenant set forth in this Section 6.1. Each representation and warranty: (i) is material and relied upon by Tenant; and (ii) is true in all respects as of the Effective Date.
6.1.1 Title. Landlord holds fee simple title to and is the sole owner of the Property, subject only to the Permitted Encumbrances.
6.1.2 Leases. Except for this Lease, the Property is not subject to any lease or other occupancy agreement, whether written or oral.
6.1.3 Contracts. There are no contracts to which Landlord is a party which affect or bind the Property, except as disclosed to Tenant in writing prior to the Effective Date of this Lease.
6.1.4 No Litigation. There are no actions, suits, or proceedings pending, or to Landlord's knowledge, threatened against Landlord or the Property, at law and equity, or before any governmental authority which affect or might affect the Property, or the operations conducted on the Property. Landlord does not know of any facts or circumstances which might reasonably form the basis for any such action, suit or proceeding.
6.1.5 Environmental Condition of Property. To the best of Landlord's knowledge, (a) no conditions on the Property are or have been in violation of any Environmental Law, and (b) there are no Hazardous Materials on or under the Property.
Landlord has not received any notice of violation, administrative complaint, judicial complaint, or other notice (i) alleging that conditions on the Property are or have been in violation of any Environmental Law, (ii) informing that the Property is subject to investigation or inquiry regarding the presence of Hazardous Materials on or about the Property or (iii) alleging the potential violation of any Environmental Law.
6.1.6 Authority. Landlord has the full power and authority to enter into this Lease, this Lease does not violate any contract, agreement, instrument, judgment or order
8 to which Landlord is a party or the Property is subject, and Landlord has obtained all consents to this Lease as may be necessary under such contracts, agreements, instruments, judgments and/or orders. Landlord has the unrestricted right and authority and has taken all necessary action to authorize Landlord to execute this Lease and to grant to Tenant the rights granted hereunder. Each person signing this Lease on behalf of Landlord is authorized to do so. When signed by Landlord, this Lease constitutes a valid and binding agreement enforceable against Landlord and the Property in accordance with its terms.
6.2 Tenant's Representations. In addition to the representations and warranties contained in other sections of this Lease, Tenant makes the representations and warranties to Landlord set forth in this Section 6.2. Each representation and warranty: (i) is material and relied upon by Landlord; and (ii) is true in all respects as of the Effective Date.
6.2.1 AS IS. Tenant represents and warrants to Landlord that it has examined the Property and acknowledges that it hereby accepts possession of the Property in its “AS IS” condition, with all faults and defects, except as otherwise provided in ARTICLE VII herein.
6.2.2 Authority. Tenant has the full power and authority to enter into this Lease, this Lease does not violate any contract, agreement, instrument, judgment or order to which Tenant is a party or the Property is subject, and Tenant has obtained all consents to this Lease as may be necessary under such contracts, agreements, instruments, judgments and/or orders. Tenant has the unrestricted right and authority and has taken all necessary action to authorize Tenant to execute this Lease and to grant to Landlord the rights granted hereunder. Each person signing this Lease on behalf of Tenant is authorized to do so. When signed by Tenant, this Lease constitutes a valid and binding agreement enforceable against Tenant in accordance with its terms.
ARTICLE VII.
ALTERATIONS TO THE PROPERTY
7.1 Tenant may from time to time, at its sole expense, make improvements and other alterations to the Property which Tenant reasonably determines to be beneficial. Tenant shall timely pay any obligation incurred by Tenant with respect to any such alterations or improvements that could become a lien against the Property and shall defend, indemnify and hold Landlord harmless in connection therewith. If such alterations or improvements would require a significant modification in the Project's Conditional Use Permit (e.g., an increase in the square footage of the Improvements or an increase in Units to greater than 160), but not including ancillary uses (e.g., a pharmacy or beauty parlor), then Tenant and Landlord shall promptly meet and confer to determine the anticipated increase in income to Tenant and the equitable increase in Annual Rent to be implemented by the parties hereto by amendment of this Lease; such increase in Annual Rent shall be a condition precedent to the making of any alterations or improvements requiring a significant modification in the Project's Conditional Use Permit.
9 ARTICLE VIII.
USE OF THE PROPERTY, HAZARDOUS MATERIALS,
AND NONDISCRIMINATION
8.1 Certification. Tenant shall diligently pursue, obtain and maintain throughout the Term State certification of the Residential Care Facility for care for the elderly, promptly providing documentation thereof to Landlord. Tenant shall not be in default under this Lease for a loss or suspension of such certification so long as Tenant takes all reasonable actions in a timely manner to defend against such loss or suspension, and thereafter has its certification reinstated.
8.2 No Use of Hazardous Materials on Property. Tenant covenants and agrees that it shall not, and that it shall not permit any Subtenant to, treat, use, store, dispose, release, handle or otherwise manage Hazardous Materials on the Property except in connection with any construction, operation, maintenance or repair of the Improvements or in the ordinary course of its business, and that such conduct shall be done in compliance with all applicable Federal, State and local laws, including all Environmental Laws. Tenant's violation of the foregoing prohibitions shall constitute a breach hereunder and Tenant shall indemnify, hold harmless and defend Landlord for such violation as provided below.
8.3 Notice and Remediation by Tenant. Tenant shall promptly give Landlord written notice of any significant release of any Hazardous Materials, and/or any notices, demands, claims or orders received by Tenant from any governmental agency pertaining to Hazardous Materials which may affect the Property.
8.4 Environmental Indemnity. Tenant hereby agrees to hold harmless, defend and indemnify Landlord and its employees, members and officials from and against all liability, loss, damage, costs, penalties, fines and/or expenses (including attorneys' fees and court costs) arising out of or in any way connected with (1) Tenant's breach or violation of any covenant, prohibition or warranty in this Lease concerning Hazardous Materials, or (2) the activities, acts or omissions of Tenant, its employees, contractors or agents on or affecting the Property from and after the Commencement Date, including, but not limited to, the release by Tenant of any Hazardous Materials or other kinds of contamination or pollutants of any kind into the air, soil, groundwater or surface water on, in, under or from the Property whether such condition, liability, loss, damage, cost, penalty, fine and/or expense shall accrue or be discovered before or after the termination of this Lease. This indemnification supplements and in no way limits the scope of the indemnification set forth in ARTICLE XI.
8.5 Release. Tenant waives, releases, acquits and forever discharges Landlord and its employees, members and officials or any other person acting on behalf of Landlord, of and from any and all claims, actions, causes of action, demands, rights, damages, costs, expenses, or compensation (collectively “Claims”) whatsoever including, but not limited to, all Claims at common law and/or under any Environmental Law and/or any of the regulations or guidelines adopted or promulgated pursuant to an Environmental Law, whether direct or indirect, known or unknown, foreseen or unforeseen, which Tenant now has or may have or which may arise in the future on account of or in any way growing out of or in connection with any Hazardous Materials or other conditions on, in, under, from, or affecting the Property, or any law or
10 regulation applicable thereto; provided, however, that the foregoing release shall not extend to any Claim arising from or relating to Landlord's fraud, misrepresentation or intentional concealment. Tenant acknowledges that it is familiar with Section 1542 of the California Civil Code (which reads: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”) and hereby releases Landlord from any unknown claims and waives all rights it may have under Section 1542 of the California Civil Code or under any other statute or common law principle of similar effect. This release notwithstanding, Tenant is hereby subrogated to any and all rights possessed by Landlord against third parties with respect to said Claims.
8.6 Survival. The agreements and obligations of Tenant under this ARTICLE VIII with regard to indemnification of Landlord shall survive the scheduled termination or sooner expiration of the Term for any reason.
8.7 Nondiscrimination. There shall be no discrimination against or segregation of any person or group of persons, on account of race, color, creed, religion, sex, marital status, national origin, or ancestry, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the Property nor shall Tenant itself, or any person claiming under or through Tenant, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, sublessees, subtenants, or vendees in the Property. Tenant covenants and agrees for itself, its successors, its assigns and every successor in interest to the Property or any part thereof, that it shall refrain from restricting the lease, sublease, rental, transfer, use, occupancy, tenure, or enjoyment of the Property (or any part thereof) on the basis of sex, marital status, race, color, religion, creed, ancestry or national origin of any person.
ARTICLE IX.
INSURANCE
9.1 Landlord Not Liable. Except as the result of any grossly negligent or intentional acts or omissions by Landlord or its representatives, employees or agents, Landlord shall not be liable for injury to Tenant's business or any loss of income therefrom or for any damage or liability of any kind or for any injury to or death of persons or damage to property of Tenant, or to Tenant's agents, employees, servants, contractors, subtenants, licensees, concessionaires, customers or business invitees or any other person which occurs on the Property during the Term.
9.2 Indemnification. Except with respect to any grossly negligent or intentional acts or omissions by Landlord or its representatives, employees or agents, Tenant shall indemnify, defend and hold Landlord harmless from and against all liability, loss, damage, cost or expense (including attorneys' fees and court costs) arising from or as a result of the death of any person or any accident, injury, loss or damage whatsoever caused to any person or to the property of any person caused by Tenant's performance of its obligations under this Lease or any errors or omissions of Tenant, whether such performance, errors or omissions of Tenant be made by Tenant, its contractors or subcontractors, or anyone directly or indirectly employed by Tenant, and whether such damage shall accrue or be discovered before or after the expiration or
11 termination of this Lease. This indemnification provision supplements and in no way limits the scope of the indemnifications in ARTICLE XI. If Tenant should contract any work on the Property or subcontract any of its obligations under this Lease, then Tenant shall require each consultant, subconsultant, contractor and subcontractor, or any other person or entity, to indemnify, hold harmless and defend Landlord, its representatives, employees, agents and volunteers in accordance with the terms of this Section. The indemnity obligation of Tenant under this Section shall survive the expiration or termination, for any reason, of this Lease.
9.3 Insurance. From and after the Commencement Date until the expiration or earlier termination of this Lease, Tenant shall take out and maintain the following types of insurance in the forms and amounts (as may be increased each calendar year by an amount equal to the corresponding increase in the Index) set forth below, at Tenant's sole expense. Notwithstanding the amounts of insurance set forth below, the City Manager shall have the right, but not the obligation, to reduce the amounts required from time to time. The insurance required to be provided by Tenant hereunder may be provided through a captive insurance company formed by Tenant or through a self-insured retention, at the election of Tenant. Tenant may only avail itself of the foregoing if such captive insurance company or self-insured retention is implemented with respect to no less than a majority of all of the other projects that are operated by affiliates of Tenant. The general and professional liability coverages and the workers' compensation coverage may be high deductible plans.
9.3.1 Comprehensive General Liability in an amount not less than $2,000,000 combined single limit for each occurrence or $4,000,000 general aggregate for bodily injury, personal injury and property damage including contractual liability. The limits of this insurance shall be increased to an amount not less than $5,000,000 combined single limit upon the recordation of the notice of completion for the Improvements in the Official Records. Landlord and its officials, employees and volunteers shall be covered as additional insureds with respect to liability arising out of activities by or on behalf of Tenant or in connection with the use or occupancy of the Property. Coverage shall be in a form acceptable to the Risk Manager of Landlord and shall be primary and noncontributing with any insurance or self-insurance maintained by Landlord.
9.3.2 Automobile Liability in an amount not less than $1,000,000 combined single limit per accident for bodily injury and property damage covering owned, nonowned and hired vehicles. Landlord and its officials, employees and volunteers shall be covered as additional insureds on the automobile liability insurance policy.
9.3.3 Workers' Compensation as required by the Labor Code of the State of California and Employers' Liability insurance in an amount not less than $1,000,000.
9.3.4 “All Risk” property covering the full replacement value of the Improvements constructed on or about the Property by Tenant. Said insurance shall include debris removal, and, if required by a Mortgagee, coverage for earthquake and flood protection if this protection is available from responsible carriers at commercially reasonable rates. Landlord shall be named as additional insured under a standard loss payable endorsement.
12 9.3.5 Tenant shall pay for and maintain, in full force and effect, throughout the remaining life of this Lease, a policy(ies) of property insurance acceptable to Landlord, covering the Project premises, with limits reflective of the value of the Project including fire coverage and an Extended Coverage Endorsement (ECE) in an amount, form, substance, and quality as acceptable to Landlord's Risk Manager, or his/her designee.
At its request, Landlord shall be added by endorsement as a loss payee thereon.
9.4 Other Insurance. Tenant shall obtain and maintain such other insurance in forms and amounts reasonably required from time to time by Tenant's Mortgagee for protection against the same or other insurable hazards which are then typically insured against by similar properties in San Diego County, provided that such coverage is available at commercially reasonable rates.
9.5 Contractors. If Tenant should contract any work on the Property or subcontract any of its obligations under this Lease, then Tenant shall require each consultant, subconsultant, contractor and subcontractor, or any other person or entity to provide insurance protection in favor of Landlord and its representative, employees and agents in accordance with the terms of each of the preceding paragraphs, except that the consultants', subconsultants', contractors', or any other person's or entity's certificates and endorsements shall be on file with Tenant and Landlord prior to the commencement of any work by the consultant, subconsultant, contractor, subcontractor, or any other person or entity.
9.6 Acceptable Terms of Coverage. Acceptable insurance coverage shall be placed with carriers admitted to write insurance in California with a rating of A- or better by A.M. Best & Company. Any deviation from this rule shall require specific approval in writing from the Risk Manager of Landlord. Any deductibles or self-insured retentions over $250,000 must be declared to and approved by Landlord, which approval will not be unreasonably withheld. At the option of Landlord, Tenant may be required to reduce or eliminate such deductibles or selfinsured retentions or to procure a bond guaranteeing payment of losses and related investigations, claim administration and defense costs. In the event that such insurance provides for deductibles or self-insured retention, Tenant agrees that it shall fully protect Landlord and its officials, employees and volunteers in the same manner as those interests would have been protected had the policy or policies not contained a deductible or retention. Coverage under each policy shall not be suspended, avoided or canceled by either party except after 30-days' prior written notice to Landlord; provided that suspension, avoidance or cancellation due to nonpayment of premium will only require IO-days' prior written notice to Landlord. Tenant shall furnish Landlord with certificates of insurance and with original endorsements effecting coverage as required under this Article (i) on an annual basis, (ii) upon renewal of the policy, and/or (iii) when policy changes are made. The certificates and endorsements for each insurance policy shall be signed by a person authorized by the insurer to bind coverage on its behalf.
Landlord reserves the right to require complete certified copies of all insurance policies not previously provided at any time. If required by Landlord, Tenant shall, from time to time, increase the limits of its general and automobile liability insurance to reasonable amounts customary for owners of improvements similar to those on the Property.
9.7 Blanket Coverage. Notwithstanding anything to the contrary set forth in this ARTICLE IX, Tenant's obligation to carry the insurance provided for herein may be brought within the coverage of a so called blanket policy or policies of insurance carried and maintained
13 by Tenant; provided, however, (i) that Landlord and other parties in interest to it shall be named as additional insureds as their interests may appear, and (ii) that the property coverage afforded Landlord shall not be reduced or diminished by reason of the use of such blanket policy of insurance, and (iii) that the requirements set forth in this ARTICLE IX are otherwise satisfied.
9.8 Waiver of Subrogation. Each policy of insurance procured pursuant to this ARTICLE IX shall contain, if obtainable upon commercially reasonable terms, either (i) a waiver by the insurer of the right of subrogation against either party hereto for negligence of such party, or (ii) a statement that the insurance shall not be invalidated should any insured waive in writing prior to a loss any or all right of recovery against any party for loss accruing to the property described in the insurance policy. Each of the parties hereto waives any and all rights of recovery against the other, or against the officers, employees, agents and representatives of such other party, for loss or damage to such waiving party or its property or the property of others under its control, arising from any cause insured against under the form of insurance policies required to be carried pursuant to ARTICLE IX or under any other policy of insurance carried by such waiving party.
ARTICLE X.
MAINTENANCE; REPAIRS; ALTERATIONS; RECONSTRUCTION;
UNRESTRICTED ANNUAL INSPECTION
10.1 General Maintenance. Throughout the Term, Tenant shall, at Tenant's sole cost and expense, maintain the Property and the Improvements in first class condition and repair, ordinary wear and tear excepted, and in accordance with all applicable Federal, State and local laws, ordinances and regulations of (a) governmental agencies and bodies having jurisdiction and all their respective departments, bureaus, and officials, (b) insurance underwriting boards or insurance inspection bureaus having jurisdiction, and (c) all insurance companies insuring all or any part of the Property or the Improvements, or both.
10.2 Replacement Reserve. Tenant shall fund a replacement reserve for the Improvements in a sum equal to the reasonable replacement reserves commonly maintained for comparable projects in the County of San Diego (which as of the Effective Date of this Lease is $350 per unit per year). Not more than once each Rent Year, upon request, Tenant shall provide Landlord documentation of the existence, funding and then- current balance of such replacement reserve, if any.
10.3 Delegation. Attached hereto as Exhibit E and incorporated herein by this reference is that certain Agreement containing certain Caltrans District 11 Landscape Maintenance Provisions entered into on August 4, 2006 by and between the State of California and Landlord (the “Caltrans Encroachment Permit”). As rights and obligations appurtenant to this Lease, Landlord hereby delegates to Tenant and Tenant hereby assumes and agrees to well and faithfully perform the duties and obligations of Landlord under the Caltrans Encroachment Permit.
10.4 Unrestricted Annual Inspection. During the Term of this Lease, on an annual basis and after reasonable prior written notice to Tenant, Landlord and representatives of
14 Landlord, during normal business hours, shall have the unrestricted right of access to the Property without charges or fees for the purpose of conducting a walkthrough of and inspecting all buildings and grounds; provided, however, that such representatives must present and identify themselves to Tenant at the Property, be accompanied by a representative of Tenant while on the Property and obey Tenant's safety rules and regulations. Landlord shall deliver written notice of the identity of its representatives to Tenant before such representatives enter the Property.
Landlord hereby indemnifies and holds Tenant, and its contractors, subcontractors, agents, representatives and employees, and the Property, harmless from and against any loss, cost, damage or liability, including, without limitation, attorneys' fees, which result from the exercise by Landlord, or any party acting under Landlord's authority, of the rights granted by this Section.
ARTICLE XI.
INDEMNIFICATION
11.1 Indemnification by Tenant. Tenant shall protect, indemnify and save Landlord harmless from and against all Claims imposed upon or incurred by or asserted against Landlord, or the Property or the Improvements during the Term, unless caused solely by the willful act or gross negligence of Landlord, by reason of (a) any accident or injury to or death of persons or loss of or damage to property occurring on or about the Property or the Improvements, (b) any failure on the part of Tenant to perform or comply with any of its obligations under this Lease, or (c) any negligence or tortious act on the part of Tenant or any of its agents, employees, contractors, subtenants, licensees or invitees. In the event that any action, suit or proceeding is brought against Landlord by reason of any such occurrence, Tenant, upon Landlord's request, shall, at Tenant's expense, defend such action, suit or proceeding with counsel reasonably approved by Landlord.
11.2 Indemnification by Landlord. Landlord shall protect, indemnify and save Tenant harmless from and against all Claims imposed upon or incurred by or asserted against Tenant, or the Property or the Improvements during the Term, unless caused solely by the willful act or gross negligence of Tenant, by reason of (a) any failure on the part of Landlord to perform or comply with any of its obligations under this Lease, or (b) any negligence or tortious act on the part of Landlord or any of its agents, employees, contractors, subtenants, licensees or invitees. In the event that any action, suit or proceeding is brought against Tenant by reason of any such occurrence, Landlord, upon Tenant's request, shall, at Landlord's expense, defend such action, suit or proceeding with counsel reasonably approved by Tenant.
ARTICLE XII.
DAMAGE OR DESTRUCTION OF PROPERTY OR IMPROVEMENTS
12.1 Destruction and Repair of Property. In the event of destruction of the Improvements, Tenant shall promptly cause the Property and the Improvements to be put in a safe condition and promptly reconstruct the Improvements with a design, size and configuration that Tenant deems, in Tenant's reasonable business judgment, appropriate for operation of Tenant's business. A Mortgagee holding a lien on Tenant's leasehold interest in the Property may participate in the recovery of damage proceeds to the extent provided in such Mortgagee's loan documents. All such proceeds shall be held by such Mortgagee to be disposed of in
15 accordance with such Mortgagee's loan documents. If there is no such Mortgagee at the time of any destruction and the cost of repair or reconstruction is less than the amount of proceeds available for such repair or reconstruction, then the excess proceeds shall be paid to and/or retained by Tenant. This Lease shall continue in full force and effect and Annual Rent shall not abate during any such period of repair, reconstruction, razing or clearance.
12.2 Termination. Notwithstanding Section 12.1, Tenant shall have the right to terminate this Lease if “Substantial Destruction” (as defined below) occurs within the last 10 years of the term of this Lease. Notice of such termination shall be given to Landlord prior to Tenant's election to raze and clear the existing Improvements and shall be effective upon the completion of such work. In the event that Tenant elects to terminate this Lease following Substantial Destruction occurring within the last 10 years of the Term, insurance or other damage proceeds shall be paid in the following order: (a) to pay or reimburse Tenant and any Mortgagee holding a lien on Tenant's leasehold interest in the Property for costs incurred in connection with the recovery of such proceeds; (b) to pay or reimburse Tenant to raze and clear the existing Improvements; (c) to pay all amounts outstanding that are secured by each Mortgage made by a Mortgagee holding a lien on Tenant's leasehold interest in the Property; (d) to Tenant in an amount equal to all costs paid by Tenant to construct, reconstruct, or remodel the Improvements on the Property, less accumulated depreciation, as set forth on Tenant's books in accordance with generally accepted accounting principles, less the amount paid to such Mortgagee in clause (c); and (e) the remainder to Landlord. “Substantial Destruction” means the estimated cost of restoring the Improvements as nearly as possible to their value, condition, and character, immediately prior to such damage or destruction is 50% or more of the estimated total replacement cost of the Improvements.
ARTICLE XIII.
EMINENT DOMAIN
13.1 Total Taking. Should the entire Property be taken (which term, as used in this Article XIII, shall include any conveyance in avoidance or settlement of eminent domain, condemnation, or other similar proceedings and shall include Tenant's inability to reasonably operate the business being conducted on the Property) by any governmental authority, corporation, or other entity under the right of eminent domain, condemnation, or similar right, then this Lease shall terminate as of the date of taking possession by the condemning authority, the Annual Rent shall be abated during the unexpired portion of this Lease, effective on the date physical possession is taken by the condemning authority, and any Annual Rent paid but unearned as of the effective date of termination shall be refunded to Tenant by Landlord. Any such award (net of amounts sufficient to pay or reimburse Tenant and Mortgagee for costs incurred in connection with the recovery of such award) shall be paid as follows: (a) to Landlord, the amount of the award attributable to the unimproved value of the fee interest in the Property, and (b) to Tenant (whose portion of the award shall be paid to Mortgagee), the remainder. Tenant shall have the right to claim and recover from the condemning authority compensation for Tenant's moving expenses, business interruption, or taking of Tenant's personal property (not including Tenant's leasehold interest). Landlord shall promptly deliver to Tenant (or, if applicable, Mortgagee) any portion of the award in any condemnation proceeding to which it is not entitled pursuant to this Section. Mortgagee shall have the right to participate
16 in all proceedings relating to any taking. Any award to which Tenant is entitled shall be paid directly to Mortgagee.
13.2 Partial Taking. Should a portion of the Property be taken by any governmental authority, corporation, or other entity under the right of eminent domain, condemnation, or similar right, this Lease shall nevertheless continue in effect as to the remainder of the Property unless Tenant is able to demonstrate to Landlord via an economic analysis that so much of the Property has been taken as to make it economically unsound to use the remainder for the uses and purposes contemplated hereby, whereupon this Lease shall terminate as of the date of taking of possession by the condemning authority in the same manner as if the whole of the Property had thus been taken. Tenant shall submit such economic analysis by written notice to Landlord within 90 days after the extent and nature of such partial taking has been finally determined. In the event of a partial taking where this Lease is not terminated, the Annual Rent payable during the remainder of the Term after taking of possession by the condemning authority shall be reduced on a just and proportionate basis having due regard to the reduction in the number of Units and the relative value and square footage of the portion of the Property thus taken as compared to the remainder thereof and taking into consideration the extent, if any, to which Tenant's use of the remainder of the Property shall have been impaired or interfered with by reason of such partial taking. Any award for any such taking shall be allocated and paid as set forth in Section 13.1. Landlord shall promptly deliver to Tenant any portion of the award in any condemnation proceeding to which it is not entitled pursuant to this Section. Mortgagee shall have the right to participate in all proceedings relating to any taking. Any award to which Tenant is entitled shall be paid directly to Mortgagee.
13.3 Temporary Taking. If the whole or any portion of the Property shall be taken for temporary use or occupancy, then the Term shall not be reduced or affected, and Tenant shall continue to pay the rent in full. Except to the extent that Tenant is prevented from so doing pursuant to the terms of the order of the condemning authority, Tenant shall continue to perform and observe all of the other covenants, agreements, terms, and provisions of this Lease. In the event of any temporary taking, Tenant shall be entitled to receive the entire amount of any award therefor unless the period of temporary use or occupancy shall extend beyond the expiration of the Term, in which case such award shall be apportioned between Tenant and Landlord as of the day of expiration of the Term in the same ratio that the part of the entire period for such compensation is made falling before the day of expiration and that part falling after, bears to such entire period.
13.4 Notice of Taking. Each party hereto shall immediately notify the other party hereto of the commencement of any eminent domain, condemnation, or other similar proceedings with regard to the Property or the Improvements.
13.5 Tenant's Right to Revoke Notice of Termination. Notwithstanding anything to the contrary contained in this Lease, if Tenant has elected to terminate this Lease, and the taking authority abandons or revises the taking, then Tenant shall have 45 days from receipt of written notice of such abandonment or revision to revoke its notice of termination of this Lease.
13.6 Tenant Claims. Nothing contained in this Article XIII shall be construed to
17 preclude Tenant from prosecuting any direct claim against the condemning authority in such condemnation proceedings for loss of business goodwill; and/or depreciation to, damage to, and/or costs of removal of and/or for the value of stock and/or trade fixtures, furniture, and other personal property belonging to Tenant.
ARTICLE XIV.
SURFACE PARKING LOT
14.1 Construction. Tenant, in conjunction with the Residential Care Facility has constructed a surface parking lot containing approximately 50 or more parking stalls (the “Parking Lot”) on the Property.. Tenant agrees until the expiration of the Term, to make available, on a non-exclusive basis, for use by the general public for park attendance, a minimum of 15 of the parking spaces in the Parking Lot (collectively, the “Public Parking Spaces”). The location of the Public Parking Spaces is shown on the Parking Lot map attached hereto as Exhibit G and incorporated herein by this reference. During the Term of this Lease, Landlord and representatives of Landlord shall have the unrestricted right of access to and use of the Public Parking Spaces without charges or fees; provided, however, that such representatives must obey Tenant's safety rules and regulations.
14.2 Maintenance. Throughout the Term, Tenant shall (a) maintain the entire Parking Lot and (b) be responsible for repair and reconstruction of the Parking Lot except in the case where Tenant can reasonably prove that damage to the Parking Lot was caused by Landlord in other than the ordinary course of use thereof In such case, Landlord shall be obligated to repair such damage. The materials, apparatus and facilities used for any new construction, repair or reconstruction shall be at least equal to the quality of the materials, apparatus and facilities originally used. Maintenance of the Parking Lot hereunder shall include, but not be limited to the following:
14.2.1 All hard-surfaced areas shall be swept and washed at intervals sufficient to maintain the same in reasonably clean condition, free of debris, trash, and fuel or oil spills.
14.2.2 All lamps and ballasts on lighting standards shall be inspected at regular intervals, and all lamps and ballasts shall be promptly replaced when no longer properly functioning.
14.2.3 All Parking Lot amenities and institutional, directional, traffic and other signs shall be inspected at regular intervals, maintained in a reasonably clean condition and promptly repaired or replaced upon the occurrence of any defects or irregularities thereto.
14.2.4 The Parking Lot shall be illuminated during such hours of darkness as reasonably required to permit users thereof safe use of the Parking Lot.
14.2.5 All landscaping shall be properly maintained, including removal of dead plants, weeds and foreign matter and such replanting and replacement as the occasion may require in order to maintain the landscaping in a healthy and trimmed condition.
18 14.2.6 All trash and rubbish containers shall be emptied daily and shall be washed at intervals sufficient to maintain the same in a clean condition.
14.2.7 All paving, curbs, gutters, sidewalks, berms and barricades shall be inspected at regular intervals and maintained in good condition. All hard-surfaced markings shall be inspected at regular intervals and promptly repainted as the same become unsightly or indistinct from wear or other cause.
14.2.8 Tenant shall maintain pipes, catch basins, and any other facilities for collection and conveyance of drainage waters.
14.2.9 Tenant shall provide and maintain such directional traffic control signs or other means of traffic control as are reasonably necessary for the safe and efficient operation of a circulation system for vehicle traffic and pedestrians.
14.3 Insurance. Throughout the Term, Tenant shall maintain insurance coverage on the Parking Lot consistent with the requirements imposed upon Tenant by ARTICLE IX of this Lease. In the event of any damage to or destruction of the Parking Lot caused by the perils covered by such insurance, the proceeds of such insurance shall be utilized for the repair, reconstruction or replacement of the Parking Lot to the end that the Parking Lot shall be restored to at least the same condition that it was in prior to such damage or destruction, insofar as the same may be accomplished by the use of such proceeds.
ARTICLE XV.
ASSIGNMENT
15.1 Prohibition Against Transfer.
15.1.1 Assignment Prohibited. Tenant shall not assign or attempt to assign this Lease or any right herein without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. In connection with the above prohibition and limitation on assignments, Tenant acknowledges that the qualifications, expertise and identities of Tenant are of particular concern to Landlord, and that Landlord continues to rely on such expertise to ensure the satisfactory completion of the construction and operation of the Improvements on the Property. Tenant further recognizes that it is because of such qualifications and identities that Landlord is entering into this Lease with Tenant.
15.1.2 Conditions Precedent. The conditions precedent to any Landlord approval of any proposed assignment are as follows:
(i) At the time of such assignment, this Lease shall be in full force and effect and either no Event of Default (as defined in Section 19.1) shall then exist or no Event of Default shall exist upon consummation of the assignment; (ii) Landlord, in good faith, determines that the proposed assignee has
19 demonstrated qualifications and experience equal to or greater than the qualifications and experience of the Tenant as of the original date of this Lease in all material respects, including, without limitation, (a) financial strength, (b) experience in the successful development, marketing, operation and maintenance of the type, size and quality of Improvements on the Property that is the subject of the assignment, and (c) the ability to perform all of the agreements, undertakings, and covenants of this Lease and the conveyance instruments and all other agreements entered into by Tenant which relate to the development, management, operation, and maintenance of the Property and of the Improvements thereon; (iii) Such evidence as may be reasonably satisfactory to Landlord documenting the financial wherewithal of the proposed assignee to successfully develop and operate the Improvements and the Property subject to the proposed assignment; and
(iv) There shall have been delivered to Landlord a duplicate original of such assignment or other transfer document containing an agreement, in recordable form, executed by the assignor and the proposed assignee, wherein and whereby such assignee assumes due performance of the obligations on the assignor's part to be performed under this Lease from the effective date of the assignment to the end of the Term.
15.1.3 Consideration Procedure. Landlord shall investigate any proposed assignment as follows:
(i) In the event that Tenant requests Landlord's written consent to a proposed assignment pursuant to this Lease, Tenant agrees to provide Landlord with such information, including, without limitation, financial statements, as Landlord may reasonably require in order to evaluate the solvency, financial responsibility and relevant business acumen and experience of any proposed assignee. Within 30 days after the receipt of Tenant's written notice requesting Landlord approval of an assignment, Landlord shall respond in writing by stating what further information, if any, Landlord reasonably requires in order to determine whether or not to approve the requested assignment. Upon receipt of such a response, Tenant shall promptly furnish to Landlord such further information as may be reasonably requested.
(ii) Tenant's request for approval of an assignment and delivery of necessary information shall be deemed complete 20 days after Landlord's receipt thereof if Landlord does not deny approval or if no timely response requesting further information regarding the proposed assignee is delivered to Tenant, or, if such a timely response requesting further information is received, on the date which is 20 days after the date that Tenant delivers such additional information to Landlord. None of the foregoing shall restrict Landlord's rights to deny approval of any assignment not found acceptable by Landlord pursuant to this Lease. Any assignment requiring Landlord's consent shall only be effective with Landlord's
20 written consent and will be effective upon the later of Landlord's approval of such assignment or the effective date of such assignment.
(iii) Landlord shall approve or disapprove any requested assignment requiring Landlord approval within 40 days after Tenant's request therefor.
Failure of response by Landlord within said 40 days will be deemed an approval.
Any disapproval shall be in writing and shall specify the reasons for the disapproval and, if applicable, the conditions required to be satisfied by Tenant in order to obtain approval.
(iv) Any agreements and documents effectuating any assignment, shall be subject to the approval of Landlord in connection with its approval of the assignment.
(v) If Landlord consents to any assignment pursuant to this Lease, such consent shall not be effective unless and until Tenant gives Landlord notice of the assignment and a copy of any documents effecting and/or evidencing such assignment, and unless and until any such assignee assumes all of the obligations and liabilities of Tenant under this Lease pertaining to the Property which is the subject of the assignment, by the execution of an assignment and assumption agreement reasonably acceptable to Landlord.
(vi) Tenant agrees to reimburse Landlord for Landlord's reasonable costs and attorneys' fees incurred in connection with the processing and documentation of any requested assignment, change of ownership or hypothecation of this Lease or Tenant's interest in and at the Property, or any part thereof, which requires Landlord's approval hereunder. The acceptance by Landlord of any payment due hereunder from any other person shall not be deemed to be a waiver by Landlord of any provision of this Lease or to be a consent to any assignment.
15.2 Any purported assignment not permitted by this Lease shall be ipso facto null and void, and no voluntary or involuntary successor to any interest of Tenant under such an assignment shall acquire any rights pursuant to this Lease.
15.3 No Further Assignments. The consent by Landlord to an assignment shall not in any way be construed to relieve Tenant from obtaining the express consent in writing of Landlord to any further assignment if required by the terms of this Lease.
ARTICLE XVI.
MORTGAGES
16.1 Leasehold Mortgages.
16.1.1 General Provisions. At all times during the Term, Tenant shall have the right, without any need to obtain Landlord's consent, to mortgage, refinance, pledge,
21 grant a deed in trust, assign rents, issues and profits and/or collaterally (or absolutely for purposes of security if required by any lender) assign its interest in this Lease, or otherwise encumber this Lease, and/or the interest of Tenant hereunder, in whole or in part, and any interests or rights appurtenant to this Lease, and to assign or pledge the same as security for any debt (the holder of any such mortgage, pledge or other encumbrance, and the beneficiary of any such deed of trust being herein referred to as a “Mortgagee” and the mortgage, pledge, deed of trust or other instrument herein referred to as a “Mortgage”), upon and subject to each and all of the following terms and conditions:
(i) All rights acquired by said Mortgagee shall be subject to each and all of the covenants, conditions and restrictions set forth in this Lease, and to all rights of Landlord thereunder, none of which covenants, conditions and restrictions is or shall be waived by Landlord by reason of the giving of such Mortgage.
16.1.2 Consent of Mortgagee Required. Notwithstanding any other provision of this Lease (including, without limitation, any provision of this Lease permitting Landlord or Tenant to terminate this Lease), no cancellation, surrender, termination, modification or rejection (including, without limitation, any rejection pursuant to any provision of the Bankruptcy Code) of this Lease shall be effective without the written consent of each Mortgagee.
16.2 Rights and Obligations of Leasehold Mortgagees. If Tenant or Tenant's successors or assigns shall mortgage the leasehold interest herein demised, then, as long as any such Mortgage shall remain unsatisfied of record, the following provisions shall apply:
16.2.1 Notice of Defaults. Landlord agrees to give Mortgagee immediate notice of all defaults by Tenant under this Lease and to simultaneously give to Mortgagee a written copy of all notices and demands that Landlord gives to Tenant. No notice or demand under this Lease shall be effective until after notice is received by Mortgagee.
Any notices of default given by Landlord under this Lease shall describe the default(s) with reasonable detail. Mortgagee shall have the right to cure any breach or default within the time periods given below.
16.2.2 Mortgagee's Cure Rights.
(i) Notice and Cure. After receipt by Tenant of a notice of default under this Lease and the expiration of any applicable period of cure given to Tenant under this Lease, Landlord shall deliver an additional notice (the “Mortgagee's Notice”) to Mortgagee specifying the default and stating that Tenant's period of cure has expired. Mortgagee shall thereupon have the additional periods of time to cure any uncured default, as set forth below, without payment of default charges, fees, late charges or interest that might otherwise be payable by Tenant. Landlord shall not terminate this Lease or exercise its other remedies under this Lease if:
22 (A) Within 15 days after Mortgagee's receipt of the
Mortgagee's Notice, Mortgagee (i) cures the default, or (ii) if the default reasonably requires more than 30 days to cure, commences to cure said default and diligently prosecutes the same to completion; or (B) Where the default cannot be cured by payment or
expenditure of money or without possession of the Property or otherwise, Mortgagee initiates foreclosure or other appropriate proceedings within 30 days after receipt of the Mortgagee's Notice, cures all other defaults reasonably capable of cure, complies with all other covenants and conditions of this Lease reasonably capable of compliance, and continues to pay all rent to be paid by Tenant under this Lease. Mortgagee shall then have 30 days following the later to occur of (i) the date of execution and delivery of a New Lease, or (ii) the date on which Mortgagee or its nominee is able to occupy the Property following eviction of or vacating by Tenant under this Lease, to cure such default; provided, however, that if any such default, by its nature, is such that it cannot practicably be cured within 30 days, then Mortgagee have such time as shall be reasonably necessary to cure the default provided that Mortgagee commences such cure within such 30-day period and thereafter diligently prosecutes the cure to completion.
(ii) Landlord agrees to accept performance by Mortgagee of all cures, conditions and covenants as though performed by Tenant and agrees to permit Mortgagee access to the Property in order to take all such actions as may be necessary or useful to perform any condition or covenants of this Lease or to cure any default of Tenant. Mortgagee shall not be required to perform any act which is not susceptible to performance by Mortgagee.
(iii) If Mortgagee elects any of the above-mentioned options, then upon Mortgagee's acquisition of this Lease by foreclosure, whether by power of sale or otherwise or by deed or assignment in lieu of foreclosure, or if a receiver be appointed, this Lease shall continue in full force and effect, provided that, if Mortgagee elects the option provided in Section 16.2.2(i)(B) above, then upon Mortgagee's acquisition of this Lease, Mortgagee shall cure all prior defaults of Tenant under this Lease that are reasonably capable of being cured by Mortgagee within the time set forth in said Section, and Landlord shall treat Mortgagee as Tenant under this Lease. If Mortgagee commences an action as set forth in Section 16.2.2(i)(B) above, and thereafter Tenant cures such defaults (which cure Landlord shall be obligated to accept) and Mortgagee then terminates all proceedings under the option in said Section, then this Lease shall remain in full force and effect between Landlord and Tenant.
16.2.3 New Lease. In the event that this Lease is terminated for any reason prior to the end of the Term, Landlord shall enter into a new lease (“New Lease”) with
23 Mortgagee or Mortgagee's nominee covering the Property, provided that Mortgagee (a) requests such New Lease by written notice to Landlord within 30 days after written notice by Landlord of termination of this Lease, and (b) cures all prior defaults of Tenant that are reasonably capable of being cured by Mortgagee. The New Lease shall be for the remainder of the Term, effective at the date of such termination, and shall only include all the rents and all the covenants, agreements, conditions, provisions, restrictions and limitations contained in this Lease, except as otherwise provided in this Lease. In connection with a New Lease, Landlord shall assign to Mortgagee or its nominee all of Landlord's interest in all existing subleases of all or any part of the Property and all attornments given by the sublessees. Landlord shall not terminate or agree to terminate any sublease or enter into any new lease or sublease for all or any portion of the Property without Mortgagee's prior written consent, unless Mortgagee fails to deliver its request for a New Lease under this Section. In connection with any such New Lease, Landlord shall, by grant deed, convey to Mortgagee or its nominee title to the Improvements, if any, which become vested in Landlord as a result of termination of this Lease. Landlord shall allow to the tenant under the New Lease a credit against rent equal to the net income derived by Landlord from the Property during the period from the date of termination of this Lease until the date of execution of the New Lease under this Section.
16.2.4 Security Deposits. Mortgagee or any other purchaser at a foreclosure sale of the Mortgage (or Mortgagee or its nominee if one of them enters into a New Lease with Landlord) shall succeed to all the interest of Tenant in any security or other deposits or other impound payments paid by Tenant to Landlord.
16.2.5 Permitted Delays. So long as Mortgagee is prevented by any process or injunction issued by any court or by any statutory stay, or by reason of any action by any court having jurisdiction of any bankruptcy or insolvency proceeding involving Tenant, from commencing or prosecuting foreclosure or other appropriate proceedings in the nature thereof, Mortgagee shall not be deemed for that reason to have failed to commence such proceedings or to have failed to diligently prosecute such proceedings, provided that Mortgagee uses reasonable efforts to contest and appeal the issuance or continuance of any such process, stay or injunction.
16.2.6 Defaults Deemed Cured. On transfer of this Lease at any foreclosure sale under the Mortgage or by deed or assignment in lieu of foreclosure, or upon creation of a New Lease, any or all of the following defaults relating to the prior owner of this Lease shall be deemed cured:
(i) Attachment, execution or other judicial levy upon this Lease; (ii) Assignment of this Lease for the direct or indirect benefit of creditors of the prior Tenant; Judicial appointment of a receiver or similar officer to take possession of this Lease;
(iii) Filing any petition by, for or against Tenant under any chapter of the Federal Bankruptcy Act or any Federal or State debtor relief statute, as
24 amended;
(iv) Any failure by Tenant to make a disclosure of a hazardous substance release as required by the California Health and Safety Code, this Lease or otherwise; and
(v) Any other defaults personal to Tenant and/or not otherwise reasonably curable by Mortgagee.
16.2.7 Holders Only. Anything herein contained to the contrary notwithstanding, the provisions of this Section shall inure only to the benefit of the holders of Mortgages.
If the holders of more than one such Mortgage shall make written requests upon Landlord in accordance with this Lease, then the New Lease shall be entered into pursuant to the request of the holder whose Mortgage shall be prior in lien thereto and thereupon the written requests for a new lease of each holder of a Mortgage junior in lien shall be and be deemed to be void and of no force or effect.
16.3 Landlord's Forbearance and Right to Cure Defaults on Leasehold Mortgages.
16.3.1 Notice. Landlord shall give to Mortgagee, at such address as is specified by the Mortgagee in accordance with Section 23.1 hereof, a copy of each notice or other communication with respect to any claim that a default exists or is about to exist from Landlord to Tenant hereunder at the time of giving such notice or communication to Tenant, and Landlord shall give to Mortgagee a copy of each notice of any rejection of this Lease by any trustee in bankruptcy of Tenant. Landlord shall not exercise any right, power or remedy with respect to any Event of Default hereunder, and no notice to Tenant of any such Event of Default and no termination of this Lease in connection therewith shall be effective, unless Landlord has given to Mortgagee written notice or a copy of its notice to Tenant of such Event of Default or any such termination, as the case may be.
16.3.2 Mortgagee's Transferees, etc. If a Mortgagee or its assignee or designee or any purchaser at a foreclosure or similar sale under a Mortgage becomes the owner of the leasehold estate under this Lease as a result of any foreclosure, trustee's sale or deed in lieu of foreclosure or any similar remedy pursuant to a Mortgage (any of them being a “Successor”), then Landlord shall recognize such Successor as the Tenant under this Lease and shall not disturb such tenancy so long as such Successor performs the Tenant's obligations under this Lease accruing from and after the date of Successor's acquisition of the leasehold estate. No Successor shall be liable for any rent or other obligations accruing after its sale or transfer of such leasehold estate, and such Successor shall be entitled to transfer such estate or interest without consent or approval of Landlord; provided, however, that the Successor shall be liable for the payment of all rent becoming due with respect to the period during which such Successor is the holder of the leasehold estate hereunder. This Section shall also apply to the rights of a Mortgagee in connection with the entry into a New Lease and to the appointment of a receiver on behalf of a Mortgagee.
25 16.4 No Liability of Mortgagee for Prior Indemnified Acts. A Mortgagee shall not be obligated to assume the liability of Tenant for any indemnities arising for a period prior to Mortgagee's acquiring the right to possession of the Property under this Lease.
16.5 Landlord Cooperation. Landlord covenants and agrees that it shall act and fully cooperate with Tenant in connection with Tenant's right to grant leasehold mortgages as hereinabove provided. At the request of Tenant or any proposed or existing Mortgagee, Landlord shall promptly execute and deliver (i) any documents or instruments reasonably requested to evidence, acknowledge and/or perfect the rights of Mortgagees as herein provided; and (ii) an estoppel certificate certifying the status of this Lease and Tenant's interest herein and such matters as are reasonably requested by Tenant or such Mortgagees. Such estoppel certificate shall include, but not be limited to, certification by Landlord that (a) this Lease is unmodified and in full force and effect (or, if modified, state the nature of such modification and certify that this Lease, as so modified, is in full force and effect), (b) all rents currently due under this Lease have been paid, (c) there are not, to Landlord's knowledge, any uncured Events of Default on the part of Tenant under this Lease or facts, acts or omissions which with the giving of notice or passing of time, or both, would constitute an Event of Default. Any such estoppel certificate may be conclusively relied upon by any proposed or existing leasehold Mortgagee or assignee of Tenant's interest in this Lease.
16.6 Priority. This Lease, and any extensions, renewals or replacements thereof, and any Sublease entered into by Tenant as sublessor, and any Mortgage or other encumbrance recorded by any Mortgagee shall be superior to any mortgages, deeds of trust or similar encumbrances placed by Landlord on the Property and to any lien right, if any, of Landlord on the buildings, and any furniture, fixtures, equipment or other personal property of Tenant upon the Property or any interest of Landlord in Sublease rentals or similar agreements. Landlord shall not grant or suffer or exist any mortgage, deed of trust or similar encumbrance on its fee interest in the Property without Mortgagee's and Tenant’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed, but which shall be conditioned on the fee mortgagee's entering into a subordination and nondisturbance agreement with Tenant and Mortgagee in form and substance satisfactory to Tenant and any Mortgagee. Any mortgage, deed of trust or similar encumbrance placed by Landlord on the Property which does not satisfy this condition shall be void and unenforceable.
16.7 Claims. Landlord and Tenant shall deliver to Mortgagee notice of any litigation or arbitration proceedings between the parties hereto or involving the Property or this Lease.
Mortgagee shall have the right, at its option, to intervene and become a party to any such proceedings. If Mortgagee elects not to intervene or become a party, then Landlord shall deliver to Mortgagee prompt notice of and a copy of any award, decision or settlement agreement made in connection with any such proceeding.
16.8 Further Amendments. Landlord and Tenant shall cooperate in including in this Lease by suitable amendment from time to time any provision which may be reasonably requested by any proposed Mortgagee for the purpose of implementing the mortgagee protection provisions contained in this Lease and allowing such Mortgagee reasonable means to protect or
26 preserve the lien of its Mortgage upon the occurrence of a default under the terms of this Lease.
Landlord and Tenant each agree to execute and deliver (and to acknowledge for recording purposes, if necessary) any agreement reasonably required to effect any such amendment.
16.9 Landlord Opportunity to Cure; No Consent for Foreclosure. In the event of a default by Tenant under a Mortgage and Mortgagee's related loan documents, the Mortgagee may enforce any of its rights or exercise any of its remedies under its loan documents or available by law, except that Mortgagee shall not complete a foreclosure of Tenant's interest in the Lease or accept a deed in lieu of foreclosure from Tenant until Mortgagee has delivered to Landlord notice of the default giving rise to Mortgagee's remedies and the following periods have expired and Landlord has not cured such default. Following delivery of such notice, Landlord shall have 15 days to cure any default (including any amount that may have become due between the date of the notice and the date of the cure) that can be cured by the payment of money and 30 days in which to cure any other default, provided that in the case of a default that cannot with diligence be cured within such period of 30 days, Landlord shall, so long as it is diligently and continuously prosecuting a cure and the default in question is susceptible of cure by Landlord, have an additional period of 60 days to cure such default. Neither Landlord's right to cure such default nor any exercise of such right shall constitute an assumption of liability under the Mortgage. After the time provided for such cure by Landlord has expired, no consent from Landlord shall be required as a condition for a Mortgagee to foreclose Tenant's interest in the Lease, accept a deed in lieu of foreclosure from Tenant or otherwise exercise any remedies available to such Mortgagee under its loan documents or at law.
16.10 Liability Limited to Mortgagee's Interest in Property. If a Mortgagee or purchaser at a foreclosure or similar sale shall acquire title to Tenant's leasehold interest in the Property, then Mortgagee or such purchaser shall have no obligation, nor incur any liability, beyond the then interest if any, of such Mortgagee or purchaser in the Property and Landlord shall look exclusively to such interest of such Mortgagee or purchaser, if any, in the Property for the payment and discharge of any obligations imposed on such Mortgagee or purchaser in this Lease, and such Mortgagee or purchaser is released and relieved of any other liability under this Lease. As regards such Mortgagee or purchaser, Landlord shall look solely to the estate or interest owned by such Mortgagee or Purchaser in the Property and Landlord will not collect or attempt to collect any such judgment out of any other assets of such Mortgagee or purchaser.
16.11 Priority of Tenant's Interest. Tenant shall not subordinate its leasehold interest in the Property and its interests in subleases and the rents derived from such subleases to any interest of the holder of a lien or mortgage on Landlord's fee interest in the Property.
ARTICLE XVII.
SUBLEASING
17.1 Subleasing of Property. Tenant shall be entitled to sublet all or any portion of the Property or Improvements to any person or entity (“Subtenant”), provided that any such Sublease shall not relieve Tenant of its obligations under this Lease. All Subleases made by Tenant shall be subject to the following provisions and restrictions: All Subleases shall be subject to the provisions of ARTICLE XV hereof. Notwithstanding the foregoing, any Sublease
27 of less than 2,500 square feet of non-Unit portions of the Residential Care Facility for services benefitting the residents (e.g., beauty parlors, barber shops, automatic teller machines, physical, speech and occupational therapy services, and therapeutic massage/spa services) shall not be subject to the provisions of ARTICLE XV and shall not require Landlord's consent.
17.1.1 Each Sublease shall contain a provision reasonably satisfactory to Landlord, requiring the Subtenant to attorn to Landlord upon (i) the default by Tenant under this Lease, and (ii) receipt by such Subtenant of written notice of such default and instructions to make such Subtenant's rental payments to Landlord.
17.1.2 On any termination of this Lease prior to the expiration of the Term, all of Tenant's interest as sublessor under any and all existing valid and enforceable Subleases for which Landlord has issued a non-disturbance agreement shall be deemed automatically assigned, transferred and conveyed to Landlord, and Subtenants under such Subleases shall be deemed to have attorned to Landlord. Landlord shall thereafter be bound on such Subleases to the same extent that Tenant, as sublessor, was bound thereunder, and Landlord shall have all the rights under such Subleases that Tenant, as sublessor, had under such Subleases; provided, however, that any amendments to any such Sublease made after the issuance of a non-disturbance agreement to a Subtenant shall not be binding on Landlord.
17.1.3 Any Subtenant shall, upon written request, receive a non-disturbance agreement from Landlord.
17.1.4 Not later than 30 days after each anniversary of the date of Commencement Date of this Lease, Tenant shall deliver to Landlord a current list of the name and mailing address of each Subtenant, other than residential occupants.
17.1.5 Tenant shall not accept, directly or indirectly, more than two months prepaid rent plus a reasonable security deposit from any Subtenant, other than from residential occupants, subject to applicable law.
17.1.6 Each Sublease shall expressly provide that it is subject to each and all of the covenants, conditions, restrictions and provisions of this Lease.
17.1.7 Each Sublease shall further provide that in the event of a default by Tenant under the Sublease, the Subtenant shall not terminate the Sublease until Landlord has received notice of the default and been given the right to cure such default as hereinafter provided. Landlord shall have 30 days in which to cure any such default after the time provided for such cure by Tenant has expired, provided that in the case of a default which cannot with diligence be remedied within such period of 30 days, Landlord shall have such additional period as may be necessary to remedy such default. Neither Landlord's right to cure such default nor any exercise of such right shall constitute an assumption of liability under the Sublease.
17.2 Non--disturbance Agreements. Landlord shall execute non-disturbance
28 agreements with any Subtenant, which non-disturbance agreement shall provide that (a) so long as such Subtenant has not defaulted under the terms of its Sublease, such Subtenant's rights shall not be terminated by Landlord on Landlord's exercise of Landlord's right to terminate this Lease for Tenant's breach, and (b) Landlord shall not be bound by prepayments of more than one month's rent in advance or security deposits in excess of one month's rent under such nondisturbance agreement unless such excess prepayment and/or deposit has, in fact, been transferred to Landlord.
17.3 Rights of Mortgagees. Notwithstanding anything contained in this Lease to the contrary, all attornment provisions applicable to Landlord shall also be applicable to a Mortgagee and, as between Landlord and Mortgagee, the Mortgagee shall have priority in any attornment situation.
ARTICLE XVIII.
PERFORMANCE OF TENANT'S COVENANTS
18.1 Right of Performance. If Tenant shall at any time fail to pay any Real Property Taxes & Assessments or other charge in accordance with ARTICLE IV hereof, within the time period therein permitted, or shall fail to pay for or maintain any of the insurance policies provided for in ARTICLE IX hereof, within the time therein permitted, or to make any other payment or perform any other act on its part to be made or performed hereunder, within the time permitted by this Lease, then Landlord, after 30-days' written notice to Tenant (or, in case of an emergency, on such notice, or without notice, as may be reasonable under the circumstances) and without waiving or releasing Tenant from any obligation of Tenant hereunder, may (but shall not be required to):
18.1.1 Pay such Real Property Taxes & Assessments or other charge payable by Tenant pursuant to the provisions of ARTICLE IV hereof, or
18.1.2 Pay for and maintain such insurance policies provided for in ARTICLE IX hereof, or
18.1.3 Make such other payment or perform such other act on Tenant's part to be made or performed as in this Lease provided.
18.2 Rights of Mortgagees. Notwithstanding anything contained in this Lease to the contrary, all of the performance rights available to Landlord under Section 18.1 shall also be available to Mortgagee and, as between Landlord and Mortgagee, the rights of the Mortgagee shall take precedence over the rights of Landlord.
18.3 Reimbursement and Damages. All sums so paid by Landlord and all costs and expenses incurred by Landlord in connection with the performance of any such act, together with interest thereon at the rate provided in Section 4.7 from the respective dates of Landlord's making of each such payment or incurring of each such cost or expense, shall constitute additional rent payable by Tenant under this Lease and shall be paid by Tenant to Landlord on demand. Landlord shall not be limited in the proof of any damages which Landlord may claim
29 against Tenant arising out of or by reason of Tenant's failure to provide and keep in force insurance as aforesaid, to the amount of the insurance premium or premiums not paid or incurred by Tenant and which would have been payable upon such insurance, but Landlord shall also be entitled to recover as damages for such breach, the uninsured amount of any loss (to the extent of any deficiency in the insurance required by the provisions of this Lease), damages, costs and expenses of suit, including attorneys' fees, suffered or incurred by reason of damage to, or destruction of, the Improvements, occurring during any period in which Tenant shall have failed or neglected to provide insurance as aforesaid.
ARTICLE XIX.
EVENTS OF DEFAULT; REMEDIES
19.1 Tenant's Default. Any one or all of the following events shall constitute an “Event of Default” hereunder:
19.1.1 If Tenant shall default in the payment of any rent when and as the same becomes due and payable and such default shall continue for more than 10 days after Landlord shall have given written notice thereof to Tenant; or
19.1.2 Default or delinquency in the payment of any loan secured by a mortgage permitted by this Lease to be placed by Tenant against its leasehold interest in the Property; or
19.1.3 The entry of any decree or order for relief by any court with respect to Tenant in any involuntary case under the Federal Bankruptcy Code or any other applicable Federal or State law; or the appointment of or taking possession by any receiver, liquidator, assignee, trustee, sequestrator or other similar official of Tenant (unless such appointment is in connection with a Mortgagee's exercise of its remedies under its Mortgage), or of any substantial part of the property of Tenant, or the ordering or winding up or liquidating of the affairs of Tenant and the continuance of such decree or order unstayed and in effect for a period of 60 days or more (whether or not consecutive); or the commencement by Tenant of a voluntary proceeding under the Federal Bankruptcy Code or any other applicable State or Federal law or consent by Tenant to the entry of any order for relief in an involuntary case under any such law, or consent by Tenant to the appointment of or taking of possession by a receiver, liquidator, assignee, trustee, sequestrator or other similar official of Tenant, or of any substantial property of any of the foregoing, or the making by Tenant of any general assignment for the benefit of creditors; or Tenant takes any other voluntary action related to the business of Tenant or the winding up of the affairs of any of the foregoing.
19.1.4 If Tenant shall default in the performance of or compliance with any other term, covenant or condition of this Lease (other than as set forth in Sections 19.1.1 and
19.1.2 of this Section 19.1) and such default shall continue for more than 30 days after Landlord shall have given written notice thereof to Tenant.
19.2 Landlord's Remedies.
30 19.2.1 If an Event of Default shall occur and continue as aforesaid, then in addition to any other remedies available to Landlord at law or in equity, Landlord shall have the immediate option to terminate this Lease and bring suit against Tenant or submit the issue of Tenant's default to arbitration as provided in ARTICLE XX and recover as an award in such suit or arbitration proceeding the following:
(i) the worth at the time of award of the unpaid rent and all other sums due hereunder which had been earned at the time of termination; the worth at the time of award of the amount by which the unpaid rent and all other sums due hereunder which would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided;
(ii) the worth at the time of award of the amount by which the unpaid rent and all other sums due hereunder for the balance of the Term after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; and
(iii) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which in the ordinary course of things could be likely to result therefrom.
19.2.2 The “worth at the time of award” of the amounts referred to in Section 19.2.l(iii) above shall be computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%), and shall only apply to future sums that would otherwise come due under this Lease, and shall not apply to sums that have already accrued under this Lease.
19.2.3 If an Event of Default occurs, then Landlord shall also have the right, with or without terminating this Lease, but subject to any non-disturbance agreements entered into with Subtenants, to reenter the Property and remove all persons and property from the Property; such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of Tenant.
19.2.4 If an Event of Default occurs, then Landlord shall also have the right, with or without terminating this Lease, to relet the Property. If Landlord so elects to exercise its right to relet the Property but without terminating this Lease, then rentals received by Landlord from such reletting shall be applied: first, to the payment of any indebtedness other than rent due hereunder from Tenant to Landlord; second, to the payment of any reasonable cost of such reletting; third, to the payment of the cost of any reasonable alterations and repairs to the Property; fourth, to the payment of rent due and unpaid hereunder; and fifth, the balance, if any, shall be held by Landlord and applied in payment of future rent as the same may become due and payable hereunder. Should the amount of rental received from such reletting during any month which is applied to the payment of
31 rent hereunder be less than that agreed to be paid during that month by Tenant hereunder, then Tenant shall pay such deficiency to Landlord immediately upon demand therefor by Landlord. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertained, any costs and expenses incurred by Landlord in such reletting or in making alterations and repairs not covered by the rentals received from such reletting.
19.2.5 No reentry or taking possession of the Property by Landlord pursuant to Sections 19.2.3 or 19.2.4 shall be construed as an election to terminate this Lease unless a written notice of such intention is given to Tenant or unless the termination thereof is decreed by a court of competent jurisdiction. Notwithstanding any reletting without termination by Tenant because of any default by Tenant, Landlord may at any time after such reletting elect to terminate this Lease for any such default.
19.3 Receipt of Rent; No Waiver of Default. The receipt by Landlord of the rents or any other charges due to Landlord, with knowledge of any breach of this Lease by Tenant or of any default on the part of Tenant in the observance or performance of any of the conditions or covenants of this Lease, shall not be deemed to be a waiver of any provisions of this Lease. No acceptance by Landlord of a lesser sum than the rents or any other charges then due shall be deemed to be other than on account of the earliest installment of the rents or other charges due, nor shall any endorsement or statement on any check or any letter accompanying any check or payment of rent or charges due be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such installment or pursue any other remedy provided in this Lease. The receipt by Landlord of any rent or any other sum of money or any other consideration paid by Tenant after the termination of this Lease, or after giving by Landlord of any notice hereunder to effect such termination, shall not, except as otherwise expressly set forth in this Lease, reinstate, continue, or extend the Term, or destroy, or in any manner impair the efficacy of any such notice of termination as may have been given hereunder by Landlord to Tenant prior to the receipt of any such sum of money or other consideration, unless so agreed to in writing and signed by Landlord. Neither acceptance of the keys nor any other act or thing done by Landlord or by its agents or employees during the Term shall be deemed to be an acceptance of a surrender of the Property or the Improvements, excepting only an agreement in writing signed by Landlord accepting or agreeing to accept such a surrender.
19.4 Effect on Indemnification. Notwithstanding the foregoing, nothing contained in this ARTICLE XIX shall be construed to limit Landlord's right to indemnification as otherwise provided in this Lease.
19.5 Landlord's Default. Except as otherwise provided in this Lease, Landlord shall not be in default unless Landlord fails to perform obligations required of Landlord within 30 days after written notice by Tenant to Landlord indicating that Landlord has failed to perform such obligation; provided, however, that if the nature of Landlord's obligation is such that more than 30 days is required for performance, then Landlord shall not be in default if Landlord commences performance within such 30-day period and thereafter diligently prosecutes the same to completion. If Landlord fails to cure any default within the applicable cure period, then Tenant
32 may, at its election, (i) bring an action for specific performance; and/or (ii) pursue any other remedies that may be available to Tenant at law or in equity. Tenant's remedies are cumulative and the exercise of one remedy by Tenant shall not preclude the exercise of any other remedies.
19.6 Limitation on Damages. NOTWITHSTANDING ANY PROVISION OF THIS
LEASE TO THE CONTRARY, IN NO EVENT SHALL TENANT OR LANDLORD BE
RESPONSIBLE OR LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, PUNITIVE,
INDIRECT OR SPECIAL DAMAGES RESULTING FROM ANY BREACH OF THIS LEASE.
ARTICLE XX.
ARBITRATION OF DISPUTES
20.1 Matters Subject to Arbitration. All disputes arising under this Lease shall be submitted to arbitration prior to either party hereto bringing suit based on such disputes, except that any dispute relating to the following rights and obligations shall not be subject to arbitration:
20.1.1 Tenant's obligation to:
(i) Pay rent and other charges due under this Lease;
(ii) Indemnify Landlord as provided herein; and
(iii) Keep the Property and the Improvements free and clear of any mechanics' or other liens;
20.1.2 Landlord's right to:
(i) Pursue any of the remedies defined in ARTICLE XIX; and (ii) Assign, transfer, sell or encumber its interest in the Property, this Lease or the Improvements;
20.1.3 Any right or obligation the exercise or performance of which is dependent on Landlord's approval; and
20.1.4 Any right of the Mortgagee to exercise its remedies under its Mortgage or in connection with the bankruptcy of Tenant or Landlord.
20.2 Arbitration Process. Either party hereto may refer a dispute subject to arbitration for settlement by arbitration in La Mesa, California, in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the Arbitrator(s) may be entered in any Court having jurisdiction.
33 NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING
TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE “ARBITRATION OF DISPUTES” PROVISION DECIDED BY
NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND
YOU ARE GIVING UP ANY RIGHTS YOU MAY POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN
THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO
DISCOVERY AND APPEAL, UNLESS SUCH RIGHTS ARE SPECIFICALLY INCLUDED IN THE “ARBITRATION OF DISPUTES” PROVISION. IF YOU
REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS
PROVISION, THEN YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CML PROCEDURE.
YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS
VOLUNTARY.
WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO
SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE “ARBITRATION OF DISPUTES” PROVISION TO NEUTRAL
ARBITRATION.
______________ ______________
Tenant's Initials Landlord's Initials
ARTICLE XXI.
FORCE MAJEURE
21.1 Any prevention, delay, nonperformance or stoppage due to any of the following causes shall be excused: acts of God; acts or omissions of Landlord or its agents or employees; fire, explosion or floods; strikes, walkouts or inability to obtain materials; war, riots, sabotage or civil insurrection; or any other cause beyond the reasonable control of Tenant. No prevention, delay, or stoppage of performance shall be excused unless: (i) Tenant notifies Landlord within 30 days of such prevention, delay or stoppage that it is claiming excuse of its obligations under this ARTICLE XXI; and (ii) Tenant diligently proceeds within 30 days of such prevention, delay or stoppage to cure the condition causing the prevention, delay or stoppage, effecting such cure as soon as possible.
ARTICLE XXII.
RIGHT OF FIRST OFFER; RIGHT OF FIRST REFUSAL
22.1 Concurrently with the execution of this Lease, Landlord shall execute, acknowledge, and deliver to Tenant a right of first offer and right of first refusal to purchase the Property in the form attached hereto as Exhibit F and incorporated herein by this reference, to be recorded by Tenant in the Official Records within five business days following the Commencement Date.
34 ARTICLE XXIII.
GENERAL PROVISIONS
23.1 Notices. All notices or other written communications hereunder shall be deemed to have been properly given (i) upon delivery, if delivered in person, (ii) upon facsimile transmission, provided that an electronic confirmation thereof is issued, (iii) upon email transmission, provided that a copy of any notice given by email transmission is also subsequently mailed to the receiving party hereto in accordance with the terms of this Section, (iv) one business day after having been deposited for overnight delivery with any reputable overnight courier service, or (v) three business days after having been deposited in any post office or mail depository regularly maintained by the U.S. Postal Service and sent by registered or certified mail, postage prepaid, return receipt requested, addressed as follows.
To Landlord: City of La Mesa
8130 Allison Avenue
La Mesa, CA 91944
Attn: City Manager
Email: [email protected]
With a copy to: Kane, Ballmer & Berkman
515 S. Figueroa Street, Suite 780
Los Angeles, CA 90071
Attn: Todd C. Mooney, Esq.
Email: [email protected]
To Tenant: La Mesa Senior Living, LP
c/o Westmont Living, Inc.
3636 Nobel Drive
Suite 330
San Diego, CA 92122
Attn: Andrew Plant and Michael O'Rourke
Email: [email protected];
[email protected]
With a copy to: Lukins & Annis, P.S.
717 W. Sprague Ave., Ste. 1600
Spokane, WA 99201
Attn: Tyler J. Black, Esq.
Email: [email protected]
Any party hereto may, by virtue of written notice in compliance with this Section 23.1, alter or change the address or the identity of the person to whom any notice, or copy thereof, is to be sent.
23.2 Certificates. Landlord or Tenant, as the case may be, shall execute, acknowledge and deliver to the other, promptly upon request, a certificate of Landlord or Tenant, as the case may be, certifying (a) that this Lease is unmodified and in full force and effect (or, if there have been modifications, that this Lease is in full force and effect, as modified, and stating the date of each instrument so modifying this Lease), (b) the date, if any, through which the rent has been
35 paid, (c) whether there are then existing any offsets or defenses against the enforcement of any term hereof on the part of Tenant to be performed or complied with (and, if so, specifying the same), and (d) whether any default exists hereunder and, if any such default exists, specifying the nature and period of existence thereof and what action Landlord or Tenant, as the case may be, is taking or proposes to take with respect thereto and whether notice thereof has been given to the party hereto in default. Any such certificate may be relied upon by any prospective purchaser, transferee, mortgagee or trustee under a Mortgage. Tenant shall also deliver to Landlord, promptly upon request, such information with respect to the Property or any part thereof as from time to time may reasonably be requested.
23.3 No Merger of Title. There shall be no merger of this Lease or the leasehold estate created by this Lease with any other estate in the Property or any part thereof by reason of the fact that the same person, firm, corporation or other entity may acquire or own or hold, directly or indirectly: (a) this Lease or the leasehold estate created by this Lease or any interest in this Lease or in any such leasehold estate, and (b) any other estate in the Property and the Improvements or any part thereof or any interest in such estate, and no such merger shall occur unless and until all persons, corporations, firms and other entities, including any leasehold mortgagee or leasehold mortgagees, having any interest (including a security interest) in (i) this Lease or the leasehold estate created by this Lease, and (ii) any other estate in the Property or the Improvements or any part thereof shall join in a written instrument effecting such merger and shall duly record the same.
23.4 Utility Services. Tenant shall pay or cause to be paid all charges for all public or private utility services and all sprinkler systems and protective services at any time rendered to or in connection with the Property or the Improvements, or any part thereof, and shall comply with all contracts existing on the date hereof or subsequently executed by Tenant relating to any such services, and shall do all other things required for the maintenance and continuance of all such services.
23.5 Quiet Enjoyment. Tenant, upon paying the rent and other charges herein provided for and upon performing and complying with all covenants, agreements, terms and conditions of this Lease to be performed or complied with by it, shall lawfully and quietly hold, occupy and enjoy the Property during the Term without hindrance or molestation by Landlord, or any person or persons claiming through Landlord.
23.6 No Claims Against Landlord. Nothing contained in this Lease shall constitute any consent or request by Landlord, express or implied, for the performance of any labor or services or the furnishing of any materials or other property in respect of the Property or any part thereof, nor as giving Tenant any right, power or authority to contract for or permit the performance of any labor or services or the furnishing of any materials or other property in such fashion as would permit the making of any claim against Landlord or its interest in the Property in respect thereof.
23.7 Inspection. Landlord and its authorized representatives may enter the Property or any part thereof at reasonable times and upon at least 24-hours' prior written notice for the purpose of inspecting, servicing or posting notices, protecting the Property or the Improvements,
36 or for any other lawful purposes.
23.8 No Waiver by Landlord. To the extent permitted by applicable law, no failure by Landlord to insist upon the strict performance of any term hereof or to exercise any right, power or remedy consequent upon a default under this Lease, and no acceptance of rent during the continuance of any such default, shall constitute a waiver of any such default or of any such term. No waiver of any default shall affect or alter this Lease, which shall continue in full force and effect, or the rights of Landlord with respect to any other then existing or subsequent default.
23.9 Holding Over. In the event that Tenant shall holdover or remain in possession of the Property or the Improvements with the consent of Landlord after the expiration of the Term, such holding over or continued possession shall create a tenancy for month to month only, upon the same terms and conditions as are herein set forth so far as the same are applicable.
23.10 No Partnership. Anything contained herein to the contrary notwithstanding, Landlord does not in any way or for any purpose become a partner of Tenant in the conduct of its business, or otherwise, or a joint venturer or member of a joint enterprise with Tenant hereunder.
23.11 Remedies Cumulative. The various rights, options, elections and remedies of Landlord and Tenant, respectively, contained in this Lease shall be cumulative and no one of them shall be construed as exclusive of any other, or of any right, priority or remedy allowed or provided for by law and not expressly waived in this Lease.
23.12 Time of Essence. Time is of the essence of this Lease and all of the terms, provisions, covenants and conditions hereof.
23.13 Survival of Representations, Warranties and Covenants. The respective representations, warranties and covenants contained herein shall survive the Commencement Date and continue throughout the Term.
23.14 Construction of Agreement. This Lease shall be construed in accordance with the substantive laws of the State of California, without regard to the choice of law rules thereof.
The rule of construction that a document be construed strictly against its drafter shall have no application to this Lease.
23.15 Severability. If one or more of the provisions of this Lease shall be held to be illegal or otherwise void or invalid, then the remainder of this Lease shall not be affected thereby and shall remain in full force and effect to the maximum extent permitted under applicable laws and regulations.
23.16 Entire Agreement; Modification. This Lease contains the entire agreement of the parties hereto with respect to the matters discussed herein. This Lease may be amended only by an agreement in writing signed by the party hereto against whom enforcement of any waiver, change, modification, extensions or discharge is sought.
23.17 Binding Effect and Benefits. This Lease shall inure to the benefit of and be
37 binding on the parties hereto and their respective successors and assigns. Except as otherwise set forth herein, nothing in this Lease, expressed or implied, is intended to confer on any person other than the parties hereto or their respective successors and assigns any rights, remedies, obligations, or liabilities under or by reason of this Lease.
23.18 Further Assurances. Each party hereto shall promptly execute and deliver without further consideration such additional agreement, assignments, endorsements and other documents as the other party hereto may reasonably request to carry out the purposes of this Lease including, without limitation, easements for emergency fire access and storm water drainage, if and as necessitated by the approved Plans.
23.19 Counterparts. This Lease may be executed simultaneously in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same Lease.
23.20 Number and Gender. Whenever the singular number is used in this Lease and required by the context, the same shall include the plural, and the masculine gender shall include the feminine and neuter genders.
23.21 Incorporation by Reference. Every Exhibit attached to this Lease and referred to herein is hereby incorporated by reference.
[signature page follows]
[remainder of page intentionally left blank]
38 IN WITNESS WHEREOF, Landlord and Tenant have executed this Lease by their duly authorized representatives as of the date set forth above. “LANDLORD”
CITY OF LA MESA, a municipal corporation
By: __________________________________
Name:________________________________
Its: __________________________________
APPROVED AS TO FORM:
By: ________________________
GLENN SABINE, City Attorney
“TENANT”
LA MESA SENIOR LIVING, LP, a
California limited partnership
By: Westmont Manager GP, LLC
a California limited liability company
Its: General Partner
By:
Name: Andrew S. Plant
Its: Co- Manager
By: __________________________________
Name: Michael G. O’Rourke
Its: Co- Manager
REPORT to the MAYOR and MEMBERS of the CITY COUNCIL
From the CITY MANAGER
DATE: March 25, 2025
SUBJECT: CONSIDERATION OF THE 2024 ANNUAL REPORT –
IMPLEMENTATION OF THE GENERAL PLAN AND
HOUSING ELEMENT
ISSUING DEPARTMENT: Community Development
SUMMARY:
Issue:
California Government Code Section 65400 requires the legislative body of all general law cities to consider an annual report on their General Plan’s implementation and transmit it to the State.
Recommendation:
Accept the 2024 Annual Report - Implementation of the General Plan and Housing Element (Attachment A) and authorize staff to transmit the report to the State Office of Planning and Research and the California Department of Housing and Community Development.
Fiscal Impact:
There is no direct fiscal impact associated with this action.
City’s Strategic Goals:
Invest in infrastructure to serve the needs of the community. Promote a high quality of life that current and future generations can afford to call home.
Maintain a community where residents and visitors feel safe.
Report to Mayor and Councilmembers
Date: March 25, 2025
Page: 2 of 5
BACKGROUND:
The General Plan is the City’s comprehensive planning document, and the City Council and Planning Commission are charged with ensuring that public and private development is consistent with the Plan’s goals and policies. Each General Plan is required by State law to address seven specific elements, in addition to which La Mesa has adopted two additional elements. The most recent comprehensive update to the General Plan, covering a 20-year horizon, was approved and a Final Environmental Impact Report (EIR) certified by the City Council on July 9, 2013.
The City’s 2021-2029 Housing Element is also referred to as the 6th Cycle Housing Element was certified by the State on July 6, 2023. The Housing Element includes potentially developable land zoned for residential use to meet the City's new RHNA housing capacity/production target and provides goals, objectives, policies, and programs to meet the housing needs of La Mesa's citizens.
California Government Code Section 65400(a)(2) requires the legislative body of all general law cities to consider an annual report on their General Plan’s implementation, including progress on implementation of the individual goals within the General Plan and information on the City’s progress in meeting its fair share of regional housing needs. This report must be submitted to the City Council and the State Office of Planning and Research and the California Department of Housing and Community Development (HCD) by April 1st of each year.
DISCUSSION:
The 2024 Annual Progress Report or APR covers the period from January 2024 to December 2024. The APR provides an overview of existing, on-going programs that implement General Plan policies, conveys information about current activities and programs in various stages of completion as well, background information about policies addressed in prior years, and detailed information about housing progress. Each section of the APR is organized by goal, objective, and policy, followed by a brief explanation of recent progress made toward completion, for each element listed below. Land Use & Urban Design Element Noise Element
Circulation Element Safety Element
Conservation & Sustainability Element Public Services & Facilities Element Recreation & Open Space Element Health & Wellness Element Historic Preservation Element Housing Element
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Some highlights of the report include:
Sustainability:
Furthering goals in the Conservation and Sustainability Element, implementation of the Climate Action Plan (CAP) continues. A five-year update to the CAP was adopted on November 26, 2024. Work continued on two projects that will lead to transportation greenhouse gas emissions savings: the mode share study that analyzes how people drive, walk, bike, or take public transportation, and the Electric Vehicle Charging Station Master Plan. San Diego Community Power continued to have a local participation rate of over 95 percent in 2024. The City’s municipal accounts are now using 100 percent renewable electricity. An organics recycling program for businesses, multi-family properties, and municipal facilities is diverting waste from the landfill.
Transportation:
Transportation and transportation planning projects addressed goals in the Circulation and Public Services & Facilities Elements. The City continued to support the Vision Zero Plan and in 2024 adopted a Local Roadway Safety Plan (LSRP) to improve roadway safety for all modes of transportation. Implementation continues of the Complete Streets Integrated Design Manual adopted in late 2023, with a pilot project on La Mesa Boulevard commenced in 2024. Over $10.4 million in grant funding is being invested in bike and pedestrian infrastructure improvements.
Community Services:
Furthering goals in the Recreation and Open Space, Public Services and Facilities, and Health and Wellness Elements, ongoing improvement and planning activities continue to be underway in the City’s parks. A major capital improvement project at Collier Park was completed in 2024. Preparation of construction documents commenced in 2024 and is currently underway to implement the Waite Drive Master Plan approved in 2023.
Development of a Citywide Recreation and Parks Master Plan also continued in 2024.
Housing:
The State of California requires each jurisdiction to prepare a Housing Element Annual Progress Report (APR) on the status and progress in implementing its Housing Element adopted by the California Department of Housing and Community Development (HCD). (Government Code Section 65400.)
The Housing Element APR fulfills statutory requirements to report certain housing information, including La Mesa's progress in meeting its share of regional housing needs, rezoning activities, actions taken towards completion of the Housing Element programs, and local efforts to remove governmental constraints to the development of housing Government Codes Sections 65584.3(c) and 65584.5(b)(5), as shown in Attachment A.
California's housing element law acknowledges that in order for the private market to address the state's housing needs adequately, local governments must adopt plans and
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regulatory systems that provide opportunities for and do not unduly constrain housing development. As a result, housing policy rests largely on the effective implementation of local general plans and housing elements.
Providing the report to HCD and OPR fulfills state housing law requirements to report certain information, including the progress in meeting the City's share of the Regional Housing Needs Assessment (RHNA). Furthermore, submitting the APR to the state ensures that the City is eligible for grants and other funding sources that require filing the report. The report is also submitted to the San Diego Association of Governments to qualify for certain discretionary funds administered by SANDAG.
The APR covers the calendar year 2024, during which the progress made towards meeting the City's sixth cycle RHNA allocation of 3,797 units includes 120 units receiving certificates of occupancy, 186 units of newly permitted housing, and 18 units of newly entitled housing. Of the new housing permits issued, 115 units were accessory dwelling units, primarily low- to moderate-income units. For reference, the highlighted line items in the Housing Element APR (Attachment 1) are those properties which are pending APN’s and/or addresses.
In 2024, the City of La Mesa continued to promote its ADU Program by providing information on ADU construction and resources to the public over the phone, at the counter, and on our website. Staff continues to assist potential applicants with ADU questions and works to prioritize ADU constriction review plans. The City issued a total of $268,683 in ADU Waivers.
New housing development supports the goals of the Land Use and Urban Design Element, which supports preserved and enhanced neighborhoods and facilities and highquality development.
In August of 2024, the City amended its zoning ordinance to require by-right approval of housing development that includes 20 percent of the units as housing affordable to lowerincome households on sites being used to meet the 6th cycle RHNA that represents "reuse sites" previously identified in the 4th and 5th cycles Housing Elements pursuant to AB1397.
This rezoning was made in order to address a range of housing needs and represent a commitment by the City to address those needs responsibly.
In addition to furthering goals in the Housing Element, the City of La Mesa continues to participate in the San Diego County HOME Consortium. The goals are to increase affordable housing opportunities across the region for low-to-moderate-income and special needs residents, prevent and end homelessness through accessible housing and supportive services, and enhance community infrastructure and facilities to provide a suitable and sustainable living environment. The HOME Consortium and the City also participate in the San Diego Regional Alliance for Fair Housing, which actively works to
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promote and educate the community about fair housing.
CONCLUSION:
Staff recommends that the City Council accept the 2024 APR – Implementation of the General Plan and authorize staff to transmit the report to the Governor’s Office of Land Use and Climate Innovation and the California Department of Housing and Community Development.
Reviewed by: Respectfully submitted by:
____________________ ____________________________
Greg Humora Lynnette Santos
City Manager Director of Community Development
Attachment:
A. 2024 Annual Report, Implementation of the General Plan and Housing Element
2024 ANNUAL REPORT
IMPLEMENTATION OF THE GENERAL PLAN
MARCH 25, 2025
Collier Park
February 2024
page 2
Table of Contents
3 4
19 27
33 36
37 39
45 58
66 Section I
Introduction and Summary
Section II
Land Use and Urban Design Element
Section III
Circulation Element
Section IV
Conservation & Sustainability Element
Section V
Recreation & Open Space Element
Section VI
Historic Preservation Element
Section VII
Noise Element
Section VIII
Safety Element
Section IX
Public Services & Facilities Element
Section X
Health & Wellness Element
Section XI
Housing Element
ATTACHMENT 1:
Annual Element Progress Report: Housing Element Implementation 2024 General Plan Annual Report
2024 General Plan Annual Report page 3
Section I
Introduction and Summary
Section 65400(a)(2) of the California Government Code (Government Code) requires an annual report on the General Plan be submitted to the City Council on the status of the Plan and progress on its implementation. The annual report is also submitted to the State Office of Planning and Research and the California Department of Housing and Community Development.
The information provided in this report is intended to assist the City Council in determining success in implementing policies in the General Plan. This 2024 Annual Report – Implementation of the General Plan covers the period from January 2024 to December 2024 and addresses the goals of the individual elements of City of La Mesa General Plan listed below. The report was considered and accepted by the City Council on March 25, 2025. Land Use & Urban Design
Circulation
Conservation & Sustainability
Recreation & Open Space
Historic Preservation
Noise
Safety
Public Services & Facilities
Health & Wellness
Housing
Provided in this document is a brief overview of existing, on-going programs that implement the General Plan’s policies. The report conveys information about current activities and programs in various stages of completion as well as background information about policies addressed in prior years where appropriate. Each section of the report is organized by Goal, Objective, and Policy, followed by a brief explanation of recent progress made toward completion, for each element.
Section 65302 of the Government Code mandates seven general plan elements:
1) Land Use Element
2) Circulation Element
3) Conservation Element
4) Open Space Element
5) Noise Element
6) Safety Element
7) Housing Element (6TH Cycle Housing Element)
The La Mesa General Plan contains all seven of the required elements listed above and also includes the following:
• Urban Design (within the Land Use Element)
• Sustainability (within the Conservation Element)
• Historic Preservation Element
• Public Services & Facilities Element
• Health & Wellness Element
2024 General Plan Annual Report page 4
A comprehensive update to the La Mesa General Plan, including an update to the Housing Element, was adopted by the City Council on July 9, 2013. A Final Environmental Impact Report (EIR) was also certified by the City Council on July 9, 2013. The General Plan will guide future growth and development in the City of La Mesa for a 20-year time frame.
The 2013 General Plan update included a mitigation measure to adopt a Climate Action Plan (CAP). The mitigation measure specifically required the City to develop and implement a plan for reducing greenhouse gas emissions to conform to California Environmental Quality Act (CEQA) Section 15183.5 and established a target to reduce emissions by 15% compared to baseline levels by the year 2020. The City’s CAP, which was adopted in 2018, provides a 2035 target, based on the State’s reduction goals of 40% of 1990 levels by 2030 and 80% by 2050, consistent with the City’s General Plan horizon year. The City is making progress towards meeting the targets. Community-wide GHG emissions have decreased 10.93% between 2010 and 2018 according to the San Diego Association of Government (SANDAG) Regional Climate Action Planning Framework.
An update to the Housing Element (the 6th Cycle Housing Element) was completed in 2023. The Housing Element incorporates goals to address State housing policies and the Regional Housing Needs Assessment (RHNA) allocation for 2021 -2029 of 3,797 units. A section on Affirmatively Furthering Fair Housing (AFFH) was incorporated to address the requirements of Assembly Bill 686. Also included is an inventory of land suitable and available for residential housing.
Section II
Land Use and Urban Design Element
The Land Use and Urban Design Element serves as a guide for planners, decision makers and the general public about the ultimate pattern of development for the City of La Mesa. This Element’s policies provide the context for short-term actions involving development, public works, and zoning decisions, as well as the long-term vision. The City’s General Plan goal is to preserve the past while allowing a level of growth necessary to sustain a viable community. Several projects and activities completed or ongoing in 2024 are in alignment with Element goals and objectives as listed below.
Goal LU-1: A safe and healthy community.
Objective LU-1.1: Enforce land use regulations to promote the quality of life in the community.
2024 General Plan Annual Report page 5
Policy LU-1.1.2: Maintain a Code Enforcement Program requiring properties to be wellmaintained with healthy landscaping and kept free of excess debris and storage in front yard areas.
Progress: In 2024, the Community Development Department responded to 335 property maintenance-related code compliance complaints. In collaboration with property owners, the City’s Code Compliance Program requires properties to be well-maintained with healthy landscaping and kept free of excess debris and storage in front yard areas.
Policy LU-1.1.5: The City will maintain its infrastructure through asset management programs and a Capital Improvement Program, such as sewer infrastructure, utilities, and drainage facilities.
Progress: The City’s five-year Capital Improvement Program (CIP) for Fiscal Years 2026 through 2030 includes a comprehensive list of infrastructure needs associated with wastewater, transportation, storm drainage, and parks. Input from City departments, input from the community, strategic direction from the City Council and based on available funding was considered in developing the program.
Objective LU-1.2: Preserve community identity while promoting safety for residents, employees, and visitors to La Mesa.
Policy LU-1.2.1: Ensure public and private gathering places and activity centers are designed to provide safe and comfortable environment for users.
Progress: In 2022, the La Mesa Farmers’ Market went under new management, the La Mesa Village Association (LMVA), who hired experienced market managers to make significant changes to improve the market and to run its operations. In 2023, the market was expanded down 3rd Street to add more food vendors and In 2024, the market expanded again into the Walkway of the Stars to add more space and highlight recently completed public art projects. The market has been so successful that a waiting list is maintained for vendors wanting to sell their projects. In 2024, the city began designing a project to add bollards on sidewalks and entry points where existing bollards are located in the village to better protect pedestrians during the Farmers’ Market. Approximately 15 bollards will be added to improve public safety.
The La Mesa Community Garden at MacArthur Park continues to thrive as a valuable public gathering space for residents by providing garden beds for lease and monthly workshops open to the public. Activities and workshops continued in 2024 with training on topics such as rainwater harvesting, how to use electric tools, planting pointers, and composting. The community garden is centrally located in the City, adjacent to public transportation, and accessible to disadvantaged neighborhoods where residents continue to be impacted by inflation.
Collier Park’s Phase II Renovation was completed and celebrated with a ribbon-cutting ceremony held in February 2024. Improvements include new restrooms, tennis/pickleball
2024 General Plan Annual Report page 6
courts, a playground, fitness equipment, a nature trail, picnic pavilion, landscaping, improved Americans with Disabilities Act (ADA) access, and parking.
The annual Oktoberfest event, which is privately operated and managed by McFarlane Promotions and the La Mesa Village Association, continues to be a popular family-friendly event. The City has emphasized public safety at the event and with the cooperation of the event operator, has seen a significant decrease in the number of arrests. In 2023, two arrests were made at the three-day event which attracted thousands of eventgoers from the region. In response to recent tragedies at events in other states, the Public Works and Fire Departments have taken a more active role in requiring the operator to strengthen street barricades to maintain adequate fire lanes.
The La Mesa Municipal Pool and Spa, located at 5100 Memorial Drive, is a popular public facility for adults, seniors, and youth. In 2024, maintenance and upgrades included new windows, restroom benches and tiles, chemical storage tanks, and water heater and domestic heating units.
Policy LU-1.2.2: As part of the development review process, City departments will review all future development to ensure that safety requirements are met, including building and fire codes, accessibility standards and crime prevention techniques.
Progress: The City continues its commitment to streamlining the development process.
The City offers a no cost Development Project Review meeting for all interested applicants. These meetings are an opportunity for applicants to present their project concept and coordinate key City departments, including Building, Engineering, Public Works and Fire, in an effort to provide customers with a clear understanding of what the requirements will be, how the review process works, and to identify any issues early on that may impact the project proposal. Approximately 12 Development Project Reviews were provided to project applicants in 2024. All development projects continue to be reviewed for compliance with building and fire codes, accessibility standards, and crime prevention techniques.
Further, in 2024, six development projects were approved under the administrative review process (not requiring any public meetings) including one mixed-use development and one commercial redevelopment.
Policy LU-1.2.3: Encourage the use of wider sidewalks where higher levels of pedestrian activity occur and the use of non-contiguous sidewalk design where appropriate to help separate pedestrians from auto traffic.
Progress: An enhanced pedestrian realm, 12 feet wide, is required for new development along all major transportation corridors designated for mixed-use (University Avenue, El Cajon Boulevard, and portions of La Mesa Boulevard). Non-contiguous sidewalks are required citywide where compatible with existing street conditions.
Policy LU-1.2.4: Provide uniform, community identification and directional signage within the public right-of-way to identify the City’s neighborhoods and activity centers.
2024 General Plan Annual Report page 7
Progress: Wayfinding and regulatory signs are installed around the City to direct traffic to locations of interest, public facilities, and public parking.
Objective LU-1.3: Prioritize healthy lifestyle choices in land use decisions.
Policy LU-1.3.2: Encourage the creation of high-quality community plazas, squares, greens, commons, and community and neighborhood parks.
Progress: The second phase of the Collier Park Renovation Project began construction in November 2022 and was completed in February 2024.
The Waite Drive Master Plan and environmental studies were completed in October 2023.
Preparation of construction documents began in 2024.
Development of the Recreation and Parks Master Plan, a roadmap of recommendations for upgrades, replacement, expansion, and/or potential additions to the City of La Mesa’s parks, open space, facilities, urban respite areas, and recreation programs to meet community needs continued in 2024.
Goal LU-2: Residential neighborhoods with strong character and cohesion.
Objective LU-2.1: Maintain and preserve single-family neighborhoods while directing growth to mixed-use corridors.
Policy LU-2.1.1: Enhance single-family residential neighborhoods through programs such as Development Review, Code Enforcement, Historic Preservation, and Capital Improvement Programs.
• Progress: The City continued each of these programs in 2024. The Historic Preservation Commission reviewed one application for an alteration to an historic resource in a single-family neighborhood and one request for landmark designation and Mills Act preservation agreement for a single-family residence.
The Code Compliance continues to support public health and safety by ensuring that regulations and standards are upheld in regard to building codes and zoning.
In 2024 Code Compliance responded to 335 property maintenance-related code compliance complaints, most of which were in single-family neighborhoods.
Capital Improvement Program undertakings underway by Public Works in 2024 benefitting single-family neighborhoods included completion of the Collier Park Improvements project, slurry seal of residential streets primarily in the west and southwest areas of the City, installation of two new and six replacement pedestrian curb ramps, and various ongoing sidewalk installation and replacement efforts Citywide.
Policy LU-2.1.2: Support infill development and subdivision proposals that reinforce neighborhood strengths and benefit neighborhood identity.
2024 General Plan Annual Report page 8
Progress: The Design Review Board (DRB) reviews new development projects for consistency with the Urban Design Program, which includes an evaluation of neighborhood compatibility. In 2024, the DRB reviewed six applications for new development, of which three projects were residential and three were commercial.
A comprehensive Accessory Dwelling Unit (ADU) guidebook was completed in 2023.
Funded by a Senate Bill (SB) 2 Planning Grant, the guidebook is a helpful resource for homeowners, design professionals, and contractors to facilitate ADU production as a form of infill development. A total of 115 ADU permits were approved in 2024. Also, in 2024 the City adopted a policy allowing sewer service to be extended outside of the City limits for the development of accessory dwelling units (ADUs).
Policy LU-2.1.4: Protect the character of recognized scenic and unique neighborhoods identified by the City’s Overlay Zones, such as those areas that have a rural atmosphere or have been impacted by the SR-125.
Progress: Landscape plans are required for all new development and substantial improvements in the Scenic Preservation Overlay Zone, which primarily lies along State Route (SR)-125. The Planning Commission reviews grading proposals for new development in the Scenic Preservation Overlay Zone to ensure that scenic features are retained and incorporated into each proposed development to the extent feasible. One grading project for a new single-family residence approved by the Planning Commission in 2024 utilized a stepped building pad and landscaping to minimize impacts.
Policy LU-2.1.5: Implement the Mixed-Use Overlay Zone by promoting the rehabilitation of properties and new development that fits into the context of the existing neighborhoods while meeting the City’s Urban Design Objectives for infill development.
Progress: The Design Review Board reviews projects in the Mixed-Use (MU) Overlay Zone for consistency with the City’s Urban Design Program and Design Guidelines for Properties in the Mixed-Use Overlay Zone. In 2024, two commercial projects and one residential project in the MU Overlay Zone were approved by the Design Review Board.
City staff continued to work with current and prospective project applicants to understand and implement the MU Overlay Zone requirements. Businesses in the Mixed-Use Overlay Zone continued to be eligible for the City’s façade improvement grant program.
Objective LU-2.2: Promote the character of each La Mesa neighborhood as a unique place to live.
Policy LU-2.2.2: All new development, redevelopment, and rehabilitation within residential neighborhoods shall be constructed to fit within the context of its neighborhood.
Progress: Single-family residences are required to comply with development standards including building height, setbacks, and lot coverage. In addition to development standards, larger development projects are subject to Design Review, which considers neighborhood context and compatibility as described in the Urban Design Program. For the projects brought forward in 2024, neighborhood compatibility was considered through
2024 General Plan Annual Report page 9
the use of architectural treatments, colors, and materials, pedestrian orientation, and landscaping.
Alterations to properties located within the Date Avenue Historic District are reviewed by the Historic Preservation Commission for site and neighborhood compatibility. To grant a Certificate of Appropriateness, the Commission must find that the materials, features, size, scale, proportion, and massing protect the integrity of the property and its environment. In 2024, one application for re-roofing of a locally designated historic landmark obtained a Certificate of Appropriateness from the Historic Preservation Commission.
Policy LU-2.2.3: Home-based businesses shall be permitted subject to standards which will preserve the residential character of the neighborhoods.
Progress: The City continues to issue new and renewing home occupation business licenses. In 2024, a total of 720 home occupation business licenses were issued, of which 199 were new applications and 521 were renewing. To ensure that residential character is preserved, business owners must agree to the following: no deliveries to the residence, no employees other than permanent residents, no signs or advertising, no storage of property or equipment other than that normally found at a residence, and no customer traffic.
Goal LU-3: Revitalized Commercial and Industrial Districts.
Objective LU-3.1: Maximize the potential of commercial centers in order to attract an appealing mix of new businesses.
Policy LU-3.1.3: Update the Downtown Village Specific Plan to reinforce the Downtown area as the symbolic center of the City and address new land use and infrastructure needs.
Progress: An update to the Downtown Village Specific Plan is currently underway. The update will assist in facilitating commercial revitalization, retain and enhance residential uses, promote mixed use development, and improve the usability of the Specific Plan.
Policy LU-3.1.4: Parking and circulation shall be adequate to serve the use and location of new development.
Progress: The City continues to require that new development provide on-site parking and circulation in accordance with adopted local and State parking requirements. Pursuant to Government Code Section 65863.2 (AB 2097), a reduction in parking is allowed for projects located within one-half mile of public transit. A parking in-lieu program for the Downtown Village is in place, which is intended to encourage new development by providing alternatives to building on-site parking while funding public parking facilities.
Policy LU-3.1.6: Provide new site amenities, such as outdoor seating areas, bike racks, landscaping, and street trees as development occurs.
2024 General Plan Annual Report page 10
Progress: The City continues to require the planting of street trees for new commercial and mixed-use development, as well as pedestrian-oriented improvements along mixeduse transit corridors. All new development in the MU Overlay Zone is required to provide a “pedestrian realm” that includes street trees, street furniture, and widened sidewalks.
This work has contributed toward revitalizing the downtown business district.
Policy LU-3.1.7: Encourage mixed-use transit-oriented development near public transportation facilities; new construction should be compact in form to take advantage of these transit-rich locations.
Progress: A transit feasibility study for the Amaya Drive and Spring Street stations was completed in 2021. Funded by a California Department of Transportation (Caltrans) Sustainable Communities Grant, the project assessed the feasibility of redeveloping two underutilized Metropolitan Transit System (MTS) owned transit stations with much needed affordable and market-rate transit-oriented development (TOD) housing. The study evaluated how to best integrate transit and housing while maintaining existing transit station operations. Parties involved included the City of La Mesa, Caltrans, MTS, SANDAG, and local stakeholders (through a robust community outreach plan). The City worked with AECOM to conduct community outreach, create an Affordable Housing Program, and complete site and massing concept, parking, and access studies.
A transit-oriented apartment development has been proposed on the Spring Street Station site. Also, in 2024, a 147-unit apartment building was under construction next to the La Mesa Village Station and a 64-unit mixed-use development located one block from the La Mesa Village Station was in construction plan review. Five additional development projects in the MU Overlay Zone are at varying stages of development.
Objective LU-3.2: An industrial employment center attractive to customers from both local neighborhoods and Regional communities.
Policy LU-3.2.1: Recognize La Mesa’s limited supply of industrial land and encourage clean industries that create a relatively high number of jobs.
Progress: Following the passage of Measure U in November 2016, the City received several conditional use permit applications for medical marijuana dispensaries, cultivation, and manufacturing businesses in the M zone. In 2019, the City adopted an adult use ordinance to provide additional business opportunities for the cannabis industry. As of 2024, three retail storefronts, six cultivation sites, and six manufacturing sites have been approved in the Manufacturing (M) zone. One cannabis cultivation facility and one cannabis distribution facility were approved in 2024.
Policy LU-3.2.2: Encourage the improvement of the appearance of the Central Industrial Area.
Progress: Properties in the Industrial area are eligible for the City’s Façade and Property Improvement Grant Program, and in 2024, one business in the Industrial Area completed
2024 General Plan Annual Report page 11
a façade grant project that installed new building signage, new exterior lighting, and other exterior treatments.
New development and remodeling of existing businesses in the Industrial Area are required to provide landscaping in accordance with the City’s landscape standards. Rightof-way parking and landscaping improvements have been completed along two project site frontages in the Central Industrial Area.
Goal LU-4: An equitable community that meets the needs of all residents.
Objective LU-4.1: Adequate and affordable housing available for all segments of the community.
Policy LU-4.1.1: Opportunities for affordable housing should exist in all residential areas to support the policies and programs for the City’s Housing Element.
Progress: In 2024, the City adopted regulations to allow for by-right approval for projects with 20 percent affordable units on “reuse” sites identified in the housing element. In addition, in 2024, one deed-restricted affordable housing project totaling 18 units (two affordable units) was approved using the density bonus provisions of Government Code 65915. Eleven additional affordable projects totaling 671 units were in various stages of development review or under construction in 2024.
In 2022, the City adopted regulations for two-unit development and urban lot splits in accordance with SB 9. The new regulations allow two residential units on a lot in a singlefamily zone that meets specified requirements and also provides for additional opportunities to subdivide lots in single-family zones. In 2024, one request for a two-unit development and one request for an urban lot split under SB 9 were approved.
In 2019, the City adopted regulations for ADUs and Junior Accessory Dwelling Units (ADU)s in accordance with Government Code Sections 65852.2 and 65852.22. An update was completed in 2020 to incorporate additional State requirements effective January 1, 2020. An ADU code update and ADU guidebook to help homeowners, design professionals, and contractors were completed in 2023. In 2024, construction permits were issued for 115 ADUs.
Policy LU-4.1.2: Ensure that development meets the needs of the aging and disabled population.
Progress: The Building Division continues to review new development for compliance with accessibility regulations. Building permits for alterations and new construction conform to California Access Specialist (CASP) and State code regulations.
2024 General Plan Annual Report page 12
Objective LU-4.2: A development review process that balances the needs of all stakeholders.
Policy LU-4.2.1: Changes in patterns of building intensity and population density will be reviewed relative to: the compatibility of the proposed development with surrounding uses and design objectives and the adequacy and proximity of public facilities given the scale of the proposed development.
Progress: A General Plan amendment to increase building intensity and population density from Urban Residential (7-10 dwelling units per acre) to Multiple Unit Residential (18-23 dwelling units per acre) is currently being reviewed in conjunction with a proposed 73-unit condominium development on a 3.5-acre site. The requested change in planned land use is being evaluated for appropriateness to surrounding uses and involves multiple public hearings.
Policy LU-4.2.3: New development shall provide adequate parking. For projects located in the Downtown area or near transit, parking requirements may be reduced. Additionally, differing land uses on the same subject property may utilize shared parking provisions.
Progress: The City continues to ensure that new development provide parking in accordance with adopted parking requirements and parking standards as well as state law. Parking near transit may be reduced as provided by State law, the Downtown Village Specific Plan, the Mixed-Use Overlay Zone, the Affordable Homes Bonus Program, and a parking modification as allowed by the zoning ordinance.
The City’s adopted ADU regulations include a provision that no off-street parking be required for ADUs, due to the close proximity to transit of the vast majority of residentiallyzoned property in the City.
In 2024, one development project was approved utilizing reduced parking ratios for affordable housing.
Policy LU-4.2.5: Increased residential densities may be allowed by a Site Development Plan subject to a Density Bonus Program set forth in the Municipal Code. Development of senior or lower-income affordable housing may utilize the provisions of State Density Bonus Law as amended from time to time.
Progress: The City’s Affordable Homes Bonus Program implements State Density Bonus Law (Government Code 65915). These regulations help address the State’s growing problem of housing affordability. One mixed-use density bonus project totaling 18 housing units was approved by the City in 2024. Six additional affordable projects with increased density were in various stages of development or development review in 2024.
Objective LU-4.3: Provide opportunities for community involvement and participation.
Policy LU-4.3.1: Promote citizen involvement and partnerships between residents, community organizations, and agencies, such as local school districts.
2024 General Plan Annual Report page 13
Progress: The City continues to implement the strategies set forth in the 2021-2023 Community Engagement Plan. A goal of the plan is to provide clear, concise, proactive, transparent, and timely information to residents, businesses, employees, and media outlets to push information to residents, engage the community on important topics, and encourage citizen involvement in local government. The City’s website remains the most visible and widely used communication tool, with approximately 285,000 active users.
Information is kept easily navigable, up-to-date, and accessible to all residents and community members. The homepage highlights upcoming events, workshops, advisories, and other timely updates. The City’s website also utilizes community engagement apps such as Nixle and Notify Me to promote citizen involvement. The “SeeClickFix” app continues to allow residents to report non-emergency related issues to the City.
SeeClickFix can be used via the Web on a desktop computer, laptop, mobile phone, or tablet. The City currently uses Instagram, Facebook and Twitter/X as its primary social media platforms and continues to see increases in followers on each. Currently, the City’s social media platforms include:
• 6,714 followers on Instagram
• 4,800 followers on Facebook
• 4,259 followers on X/Twitter
Additionally, the City continues to share information with the community through our biweekly newsletter and with the business community through our quarterly economic development newsletter. Together, these newsletters reach approximately 4,080 subscribers.
To enhance citizen involvement and awareness, the City distributes press releases to local media to help amplify information.
The City of La Mesa provides Government Access Programming on Cox Cable channel 24 within City limits and on AT&T U-verse channel 99 within the San Diego County region.
Programming includes live City Council Meetings, an updated community bulletin board for 2024, and supplementary programming from the San Diego County Television Network. Currently, most City meeting rooms used by boards and commissions and for interaction with the public have been upgraded with new audio-visual equipment.
The City continues to live stream Council meetings on Facebook Live and on the City’s website. Facebook Live has steadily grown in popularity and is now the main platform residents use to stream Council meetings to view and discuss meeting topics. As a backup platform, live Council meetings are also streamed to the City’s website in case the City is experiencing technical difficulties with Facebook Live or the public broadcast.
Meetings are also archived on the City’s website for viewing anytime. In 2024, the City continued to provide listening devices at Council meetings to those that are hearing impaired and will accommodate those with handicap accessibility needs upon request.
In July 2024, an Opportunities, Constraints, and Visioning workshop was held for the Downtown Village Specific Plan update (DVSP). The event was well attended, with 75 community members participating. Additional community outreach for the DVSP update in 2024 included pop-up events at the farmer’s market and a developer roundtable. A second community workshop is planned for 2025.
2024 General Plan Annual Report page 14
Also in 2024, the City’s Community Development Block Grant (CDBG) Citizen Participation Plan was in the process of being updated to establish policies and procedures for public engagement in the development, implementation, and evaluation of the City’s CDBG program. This update aims to enhance and encourage greater community involvement by fostering more inclusive participation, improving accessibility, and ensuring residents have a stronger voice in shaping local projects and initiatives.
The La Mesita Skatepark Feasibility Study began with the first public input session held in 2024 allowing residents to offer feedback on the skatepark’s potential renovation.
Goal LU-5: A strong local and regional economy.
Objective LU-5.1: Promote and maintain La Mesa as a business-friendly Regional employment center.
Policy LU-5.1.2: Develop Regional partnerships to strengthen business opportunities in LA Mesa and assist business owners and developers throughout the Permit Review Process.
Progress: In 2024, the City continued to foster relationships with businesses, community organizations, and residents through grant programs such as the La Mesa Entrepreneurship Accelerator Program (LEAP) and Façade and Property Improvement Grant Program. Funded by The American Rescue Plan Act (ARPA), both programs benefitted from strong relationships with local organizations such as the East County Economic Development Council, Small Business Development Center, La Mesa Village Association, and La Mesa Chamber of Commerce to provide grant funding for business start-ups, business assistance, and façade improvements Policy LU-5.1.4: Comprehensive site planning is encouraged as part of the redevelopment process for individual properties. These plans should address not only the architectural design of buildings and site amenities but also the upgrading of public infrastructure.
Progress: The City requires site development plan review and design review for commercial, mixed-use, and multiple-unit redevelopment projects in the Urban Design Overlay Zone and Mixed Use Overlay Zone. New development requires infrastructure improvements along the street frontage. In 2024, one mixed-use development project was approved with various on-site amenities, public infrastructure improvements including sidewalks and street trees, and pedestrian realm improvements.
Objective LU-5.2: Preserve and enhance the Downtown Village area as the City’s symbolic center by providing a vibrant Commercial, Civic, and Residential District.
Policy LU-5.2.1: Continue communication with business owners to identify opportunities and constraints for developing business Downtown.
2024 General Plan Annual Report page 15
Progress: The Village Enhancement Fund Program (VEF) was adopted by City Council in 2019 to encourage ongoing investment in the downtown village, attract customers to businesses, and to create entertainment opportunities for residents. In 2024, two downtown village events took place that were approved for funding from the VEF Program.
Those events, Oktoberfest and Holiday in the Village, promoted the downtown village and brought business to restaurants and retail establishments. In addition, the La Mesa Village Association received funding through the VEF Program for a “Taste of the Village” event to promote the village. In its second year, the San Diego Made titled “San Diego Made Spring Market” received funding again in 2024 to bring back 125 craft vendors and artists to the village for a one-day event. The event, held on May 10, 2024, partnered with local businesses in the village to provide opportunities for business promotions and synergy.
In 2022, the City Council approved use of American Rescue Plan Act (ARPA) funding to implement the La Mesa Façade and Property Improvement Grant Program. The program uses $750,000 of ARPA funding to provide matching grants to businesses and property owners that complete exterior improvements to their business-use properties. In 2024, fourteen (14) businesses applied for the façade grant program with five (5) of those businesses having completed their projects as of the time of this report. Altogether, 18 properties have completed projects and another 15 properties are under construction. In February 2025, a fourth year of funding will be available for new façade grant projects. A priority list is being maintained to utilize any unused funding that may become available from funded projects that complete but do not use all of their approved funding.
In 2024, City staff from the City Manager’s Office, Community Development Department, and Public Works Department collaborated with village businesses and the La Mesa Village Association by attending board and general membership meetings regarding several different topics, such as the Lemon Avenue Municipal Parking Lot, the installation of stop signs, coin-only parking meter replacement, and EV charging stations. The Community Development Department also held a workshop in 2024 to receive input on an update of outdoor dining regulations.
Policy LU-5.2.3: Utilize the framework of the Downtown Village Parking District and the La Mesa Parking Commission to locate and manage parking in Downtown and evaluate the feasibility of a parking structure when warranted by future parking demand.
Progress: Smart parking meters that allow for the ability to make payments through a smart phone or tablet using an app or by using near-field communications and Apple Pay or Android Pay are in place. In 2024, with the Community Parking Commission’s support, the City began replacing the remaining 200 coin-only meters in Parking District One with smart meters. At the time of this report, 31 of the 200 coin-only meters have been replaced with 50 more scheduled to be replaced by April 2025.
In 2023, the Community Parking Commission recommended the City Council utilize downtown parking funds to rebuild the Lemon Avenue Municipal Parking Lot. The project, completed in 2024, included new asphalt, lighting, landscaping, and four EV charging stations (eight plugs). To improve parking management in the village, the project includes a new QR code permit parking system that, if successful, may be expanded to other municipal parking lots to replace the mechanical coin-only meters currently in use.
2024 General Plan Annual Report page 16
The City’s parking in-lieu fee program for the Downtown Village is intended to encourage new development by providing alternatives to building on-site parking and fund public parking facilities.
Policy LU-5.2.4: Preserve historic buildings in the Downtown Village, and other Commercial areas, through restoration and adaptive reuse, where feasible.
Progress: In 2024, an historic resource in the Downtown Village was successfully rehabilitated through adaptive reuse and was granted local historic landmark designation with a Mills Act property preservation agreement.
The Historic Preservation Commission continued work updating the Historic Resources Inventory, a record of properties that embody the City’s rich cultural, social, economic, and architectural history. City staff also provides support for historical research of permit records, discretionary review records, and Laserfiche.
Goal LU-6: A City where the environmental, social, and economic needs of the residents are met without compromising the ability of future generations to do the same.
Objective LU-6.1: Evaluate the short-term and long-term impact on valuable resources such as water, energy, and open space when making land use decisions.
Policy LU-6.1.1: Reduce the City’s Greenhouse Gas Emissions through energy efficient improvements, support for alternative modes of transportation, transportation demand management (TDM) practices and sound waste management practices.
Progress: The City’s implementation activities remain on track, with all CAP measures already in progress or complete. Key accomplishments through 2024 include:
• Collaboration with the seven other partner jurisdictions in the region for the community choice aggregation program, San Diego Community Power. This is a key initiative for the City as it to works towards it’s 100% renewable electricity goal by 2035 or sooner. All City facilities are powered by 100% renewable electricity. • Received funding from CivicSpark to host two AmeriCorps Civicspark Fellows to work on CAP implementation projects full time for eleven months in 2024. • Received funding from California Volunteers to host three College Corps Fellows from the University of San Diego to work on CAP implementation part time during the school year.
• Collaborated with Tree San Diego to conduct tree education and plant 8 trees. • Continued implementing the organics recycling services to divert additional waste from the landfill.
• Encouraged the use of alternative modes of transportation and hosted free bicycle education classes in partnership with the San Diego County Bicycle Coalition for the community to increase bicycle ridership.
2024 General Plan Annual Report page 17
• Replaced 3 gasoline powered vehicle with electric vehicles in the City’s fleet and now have 5 electric fleet vehicles.
• Hosted a rainwater harvesting water workshop
• Hosted 6 Litter Free La Mesa Community Cleanups
The City received the 2018 community-wide greenhouse gas emissions inventory and continues to use the inventory in reports. The inventory represents the best available data of greenhouse gas emissions for on road transportation, electricity, natural gas, solid waste, water, and wastewater. In 2023, the CAP began an update process that included community engagement and drafting the plan that was adopted by Council in November 2024.
Policy LU-6.1.2: As new building methods and technologies become available, update Building Codes to meet State of California and local energy conservation objectives.
Progress: The City has adopted the 2022 edition of the California Building Standards Code (Title 24, California Code of Regulations). Part 6 of Title 24, the 2022 Energy Code, encourages the state’s clean energy goals with efficient electric heat pumps and electricready requirements for new homes. It expands on solar photovoltaic and battery storage standards, strengthens ventilation standards, and more. The 2022 California Green Code brings progressive changes related to electric vehicle (EV) charging that account for the Governor’s Executive Orders to achieve over 1.5 million zero emission vehicles (ZEV’s) on California roadways in 2025.
Policy LU-6.1.3: Collaborate with property owners and Helix Water District to promote the use of drought-tolerant landscaping and water efficient irrigation systems as new development and redevelopment occurs.
Progress: The City’s adopted regulations follow the Model Water Efficient Landscape Ordinance adopted by the Department of Water Resources, which requires new development to utilize water resources as efficiently as possible.
Policy LU-6.1.5: Development of hillside and hilltop parcels will be evaluated relative to topographic features, scenic resources, sensitive, natural habitats and landscaping, including mature stands of trees, to determine if these features should be retained.
Progress: The Planning Commission continues to review site development plans for new development that includes site grading in the Scenic Preservation Overlay Zone. One grading project for a new single-family residence approved by the Planning Commission in 2024 utilized a stepped building pad and landscaping to minimize impacts.
Policy LU-6.1.6: The parcels designated Open Space, located south of the I-8 corridor, shall be subject to the following development standards (Council Resolution No. 16197):
• A full range of residential densities shall be permitted based upon a site-by-site evaluation.
2024 General Plan Annual Report page 18
• On parcels which contain more than 50% of the site area within the Open Space designation, encroachment of buildings and grading is allowed. • A maximum 50% encroachment of projects into the Open Space shall be permitted when found to be consistent with the City’s Design Review Program and the loss of Open Space is off-set by the project design.
• Plant materials shall be selected for consistency with surrounding native and ornamental landscaping schemes, and shall meet brush management and fire control objectives.
Progress: The City continues to review applications for development in open space areas to ensure consistency with the City’s Design Review Program.
Goal LU-7: A City that maintains strong relationships across jurisdictions.
Objective LU-7.1: Open communication, cooperation, and collaboration with neighboring communities and relevant agencies.
Policy LU-7.1.3: Work with the Local Area Formation Commission (LAFCO) when residents outside the City request annexation or connection to City sanitary sewer facilities.
Progress: The City continues to work with LAFCO on annexations and sphere of influence amendments and over the past two years has experienced an uptick in requests for sewer service. One request for an out-of-city sewer service agreement was approved in 2024. In response to community interest, in 2024 the City adopted a policy allowing sewer service to be extended outside of the City limits for the development of accessory dwelling units (ADUs).
Policy LU-7.1.4: Continue to monitor and support the efforts of the California Air Resources Board and other agencies as they formulate global warming and climate change adaption and mitigation strategies and programs.
Progress: The City continues to monitor policy changes and continued collaboration with regional partners to stay informed on current policy trends and regulations.
Policy LU-7.1.7: The undergrounding of utilities will be required with the development and redevelopment of property. The City will coordinate with utility providers as needed.
Progress: The City continues to require undergrounding in accordance with the La Mesa Municipal Code.
2024 General Plan Annual Report page 19
Section III
Circulation Element
The Circulation Element plans for the coordinated movement of people and goods within the City’s network of streets and transportation services. Location, design and modes of movement have a major impact on the City’s physical environment and appearance. The ability to move safely and efficiently around the City must be available to all people regardless of mode of travel. The City’s location at the crossroads of major regional transportation infrastructure is both an opportunity and a challenge. Maximizing the potential and minimizing the impacts of the transportation system is the purpose of the Circulation Element. Several projects and activities completed or ongoing in 2023 are in alignment with Element goals and objectives as listed below.
Goal CE-1: A comprehensive, flexible transportation system that is functional, safe, accessible and attractive.
Objective CE-1.1: Enhance and maintain City streets to meet the diverse needs of the community.
Policy CE-1.1.1: Consider a traffic and circulation analysis for any changes to Land Use Element designations or Circulation Element designations, including an evaluation which is consistent with regional congestion management programs for regionally significant projects.
Progress: The City has an ongoing program to monitor and review the operations of collector, major and arterial streets from an operations and safety perspective.
Policy CE-1.1.2: Streets will be configured and constructed according to the City’s standards.
Where the streets standards show flexible width and optional improvements, a determination shall be in made in accordance with the Street Design Manual, the Bicycle Facilities and Alternative Transportation Plan, the Sidewalk Master Plan, and the Urban Trails Mobility Action Plan.
Progress: The City of La Mesa completed street design standards that safely accommodate all modes of transportation under the Complete Streets Integrated Design Manual. These standards will be incorporated into a pilot project along La Mesa Blvd.
Policy CE-1.1.3: Require new developments to provide for on- and off-street improvements directly related to the project, found to be needed to meet the City’s policies regarding street function, design, and safety and that advance the City’s “Complete Streets” objectives.
Progress: The City has completed a Complete Streets Integrated Design Manual containing standards that can be applied to new development along mixed-use corridors or to capital projects constructed by the City.
2024 General Plan Annual Report page 20
Policy CE-1.1.4: Provide street lights in all urbanized areas in accordance with standards and plans adopted by the City.
Progress: In addition to street lights being installed when projects are identified and funding is available, street lights are being retrofitted with Light Emitting Diode (LED) fixtures where failures of existing fixtures have occurred.
Policy CE-1.1.5: Maintain all streets on a schedule developed by the Public Works Department.
Progress: The Department of Public Works has a regular maintenance schedule based on geographic zones. For 2024, approximately 650,000 square feet of mill and fill was installed in Zone 6 & 7. Additionally, approximately 3,200,000 square feet in zone 6 & 7 was treated with slurry pavement rejuvenation material.
Policy CE-1.1.6: Where possible, use street landscaping. Tree selection will take into consideration the likelihood of a particular species to cause damage to sidewalks or other improvements. Drought tolerant, low maintenance landscape materials will be required based on the City’s Water Efficient Landscape Regulations.
Progress: Street trees were planted at several locations throughout the City as part of our Tree Replacement program. As part of a grant received from the California Department of Forestry and Fire Protection (Cal Fire), the City completed the planting of 350 trees and updated its Urban Forestry Management Plan.
Policy CE-1.1.7: Optimize motor vehicle flow efficiency along arterial corridors through signal synchronization or other intersection improvements. Consider the travel needs and safety of all road users and functions in the optimization effort, including, transit access, pedestrians, bicycles and parking.
Progress: To expand signal connectivity and communications, the City-wide Fiber Optic Interconnect project was constructed into most of the major and arterial corridors to optimize traffic flow.
The goal of City Council’s Vision Zero Plan is to reduce traffic fatalities to zero by 2025.
The City is a member of the Vision Zero Network, which recognizes the City’s efforts to implement Vision Zero goals and strategies through a combination of safe engineering measures, education and outreach, and enforcement practices. Numerous studies and plans support Vision Zero goals such as the City’s Sidewalk Master Plan, Urban Trails Mobility Plan, Parks Master Plan, Walkability Plan, and the Bicycle Facilities and Alternative Transportation Plan.
Policy CE-1.1.8: When a traffic analysis indicates that the Level of Service (LOS) for a street reaches “E” or below, the City will determine what improvements or changes in operations are needed to maintain or improve the Level of Service. The City will prioritize improvement
2024 General Plan Annual Report page 21
projects and identify potential funding sources, including developer contributions and the Capital Improvement Program.
Progress: The City actively reviews Traffic Impact Studies for all new and infill development. Additionally, the City evaluates potential impacts based on Vehicle Miles Traveled (VMT) as required by SB 743.
Policy CE-1.1.9: Implement the Neighborhood Traffic Management Program to address resident complaints about speeding and cut through traffic.
Progress: The City of La Mesa’s Neighborhood Traffic Management Program has been in place since 2004. Citizen-initiated traffic calming requests are reviewed and processed through the program in a concerted effort to reduce speeding on residential streets. A matrix system has been developed to address the locations with the most urgent needs.
Fifteen requests for traffic calming were submitted in 2024.
Policy CE-1.1.10: Utilize the Parking Commission to ensure a balanced approach to on-street parking regulation.
Progress: The Community Parking Commission’s goal is to manage public parking resources within the boundary of Parking District One, including four municipal parking lots and on-street areas, to support business activity within Parking District One. The Commission’s 2024 Work Plan included goals to begin replacing 294 coin-only meters in Parking District One with smart meters. Coin-only meters are being replaced as parking fund money becomes available as part of a phased purchasing plan. Smart meters are more convenient and offer a wider range of payment options, including credit/debit card, contactless payments, Apple Pay and Android Pay, and payment by mobile device. In 2024, 31 coin-only meters were replaced to begin this high priority project with an additional 50 being replaced in early 2025. The Community Parking Commission’s 2024 Work Plan also included goals to review parking meter and parking permit pricing, research and evaluate the installation of electric vehicle (EV) charging stations and evaluate new parking management technologies. In 2025, the commission will make a recommendation to the City Council to adjust parking meter and parking permit pricing.
As part of the Lemon Avenue Municipal Parking Lot Reconstruction Project in 2024, eight level II EV charging stations were installed to provide EV infrastructure in Parking District One. The Lemon Avenue lot also included a new QR code-based parking management system that if successful may be further implemented.
Policy CE-1.1.11: Use truck route designations to prevent unnecessary neighborhood impacts, to maintain public safety, and to limit street maintenance costs.
Progress: The Municipal Code contains a list of designated truck routes and requires commercial traffic to be limited to those areas. City staff actively responds to complaints regarding heavy truck traffic and parking of commercial vehicles on residential streets, and posts restrictions where necessary.
2024 General Plan Annual Report page 22
Policy CE-1.1.13: Work with San Diego Gas and Electric Company and other utilities, to place overhead utility lines underground along transportation corridors and in residential neighborhoods as funding becomes available.
Progress: Massachusetts Avenue is planned to be undergrounded in Fiscal Year 2026.
The design for this segment has been substantially completed by the utility companies.
The California Public Utilities Commission (PUC) has discontinued the undergrounding program and there will not be future undergrounding financially made possible by the PUC program.
Policy CE-1.1.14: The City’s Public Works Department will maintain a current record of traffic volumes and accidents to assist in the development review process and in selecting and prioritizing public improvement projects for the Capital Improvement Program.
Progress: Utilizing grant funding from Caltrans, the City has prepared a Local Road Safety Plan (LRSP) which is a data-driven analysis of collisions within the City, and which will provide specific corrective recommendations or countermeasures to reduce collisions and improve safety. The LRSP was adopted by City Council in 2024.
Policy CE-1.1.15: Provide a forum for public input for decisions regarding traffic safety and street improvements through the Traffic Commission and the Development Advisory Board.
Progress: At the request of City Council, the Traffic Commission was renamed the Mobility Commission and its duties expanded to include the Vision Zero Plan and certain items related to the Climate Action Plan. The Commission was expanded from 5 to 7 members as part of this request. Meetings for the Mobility Commission are held monthly and provide an open forum for public comment on transportation issues. The Development Advisory Board was dissolved in 2021 and its functions transferred to an administrative review process that includes posted public notice and opportunity for public input on traffic safety and street improvements associated with development activity.
Policy CE-1.1.17: Develop a set of standards and guidelines for the effective and equitable design and distribution of on-street and off-street parking.
Progress: The City maintains a Permit Parking Policy as well as a number of public parking facilities to provide an equitable distribution of on- and off-street parking.
Policy CE-1.1.18: Apply a “Complete Streets” approach to future transportation infrastructure projects.
Progress: The City has completed and adopted a Complete Streets Integrated Design Manual that includes development standards that can be applied to roads using active transportation concepts throughout the City. The standards were used to adopt the complete street design plan for La Mesa Boulevard, Segment 1. The plan includes a safe, multi-modal, mixed-use corridor that emphasizes the use of walking, biking, and transit for transportation.
2024 General Plan Annual Report page 23
Policy CE-1.1.19: Utilize transportation demand management (TDM) techniques to increase the efficiency of the street network, reduce trips and improve the air quality impact of existing and future development.
Progress: The City has completed and adopted a Complete Streets Integrated Design Manual which will help integrate transportation with land uses to reduce the demand for transportation in general, and use of the automobile in particular. The City also completed a Complete Streets Plans for a specific corridor (i.e. La Mesa Boulevard), which will provide a road map for transformative mixed-use redevelopment of specific areas while integrating low impact modes of transportation such as microtransit, micromobility, walking, and biking.
Goal CE-2: Freeway right-of-way that is well designed and attractively landscaped.
Objective CE-2.1: Ensure that freeways in La Mesa, and all of the access and exits points, contribute to the urban design and community identity of the City of La Mesa.
Policy CE-2.1.1: Work with Caltrans to ensure that the environmental impact of future freeway construction projects is mitigated at the time of construction.
Progress: City staff is participating in Caltrans’s Project Development Team meetings for the SR 125 South/SR 94 East Direct Connector project, scheduled to start construction in late 2025 or 2026. Staff has been actively engaged in identifying impacts during and after construction completion and coordinating mitigation measures with District 11.
Policy CE-2-1.2: Work with Caltrans to eliminate safety hazards and improve connectivity across freeways and adjacent on- and off-ramps for bicyclists and pedestrians in La Mesa consistent with the La Mesa Freeway Crossing Study.
Progress: The City has acquired grant funding for the design of bicycle and pedestrian improvements across Interstate 8 (I-8) at Lake Murray Blvd to fill in a network gap, Caltrans has approved the initial bike lane and street striping layouts.
City staff has also engaged Caltrans District 11 staff on the issue of improving bicycle and pedestrian access at freeway crossings and has provided conceptual plans for their review. Caltrans District 11 comments will be used to program the next steps of the project.
Policy CE-2-1.3: Work with Caltrans to enhance the appearance of the freeway infrastructure within the City limits.
Progress: The City works closely with Caltrans maintenance staff to control litter and debris, maintain fencing, lighting and control graffiti in areas within and directly adjacent to freeway rights of way.
2024 General Plan Annual Report page 24
Goal CE-3: A diverse transit system offering a safe, time-efficient, and costeffective transportation choice that reduces traffic congestion and improves air quality.
Objective CE-3.1: Maximize the utility of La Mesa’s transit services.
Policy CE-3.1.1: Advocate for a high level of security on the Trolley and at Trolley Stations through membership on the MTS Board of Directors.
Progress: City staff work with MTS on a regular basis to maintain safe and secure access to trolley stations and transit stops.
Policy CE-3.1.2: Encourage MTS to include support facilities at Trolley Stations to enhance the travel experience.
Progress: MTS and City staff work in close coordination to control litter, clean up graffiti and maintain public facilities in the vicinity of trolley stations.
Policy CE-3.1.3: Work with MTS to provide an appropriate amount of landscaping with proper funding for maintenance to City standards along existing and future Trolley rights-of-way in La Mesa.
Progress: The City requests MTS to conduct bi-annual maintenance activities.
Policy CE-3.1.5: Develop and apply Design Standards applicable to future developments that improve access to public transit.
Progress: A Complete Streets Integrated Design Manual has been completed and adopted. The manual will consolidate the elements from various City Policies and outside sources to promote the use of Complete Streets goals in development review. The City is also studying transit-oriented development (TOD) opportunities at two trolley stations within the City.
Policy CE-3.1.6: Consider designing transit preferential treatments on streets with high volume transit activity to enhance efficiency of the transit services.
Progress: The City submitted a Sustainable Communities grant application to Caltrans for the Spring Street Transit Station Multimodal Access Plan, which includes a review of roadway improvements to enhance transit access. The City also partnered with SANDAG to apply for a Caltrans planning grant to study the potential of grade-separating the Spring Street cross-streets from the Spring Street trolley station north to the I-8 Freeway including the La Mesa Boulevard trolley stations. The study is planned to be completed in 2025.
2024 General Plan Annual Report page 25
Goal CE-4: Local and regional facilities that accommodate the unique needs of bicycle travelers.
Objective CE-4.1: Develop a comprehensive bikeway system serving destinations throughout the City.
Policy CE-4.1.1: Implement the bicycle-related policies and programs contained in the 2012 Bicycle Facilities and Alternative Transportation Plan.
Progress: As part of the City’s Master Planning, future installation of Class 2 and potentially Class 4 bike lanes are planned along La Mesa Blvd from Grant Avenue to Jackson Drive.
Policy CE-4.1.3: Provide on-street and off-street parking for bicycles to support adjacent land uses.
Progress: No additional parking for bicycles was provided for in 2024; however, bike parking is slated to be installed as part of upcoming park improvements.
Objective CE-4.2: Improve safety for bicyclists and motorists alike.
Policy CE-4.2.1: Design bicycle facilities in accordance with Caltrans design criteria.
Progress: The City was awarded a Caltrans Active Transportation Program grant in 2020 to complete gaps identified in the bicycle facility master plan, and staff has engaged Caltrans District 11 staff on the issue of restriping roadways at freeway crossings to provide safer bike lanes.
Goal CE-5: Provide opportunities that encourage safe pedestrian travel.
Objective CE-5.1: Improve the pedestrian network and walkability in La Mesa.
Policy CE-5.1.1: Implement the Sidewalk Master Plan; apply concepts from the Walkability Plan.
Progress: The City partnered with the Urban Corps of San Diego to identify and complete gaps in the pedestrian circulation system while providing job training for underserved young adults. Phase 1 of the project was completed in 2022, and Phase 2 was completed in 2023, with potential opportunities being looked at for 2026.
Policy CE-5.1.2: Build on the information in the “Safe Routes to Transit” section of the 2012 Bicycle Facilities and Alternative Transportation Plan to improve the transit passenger experience within the City.
2024 General Plan Annual Report page 26
Progress: The City received a nearly $4M grant for improvements of bicycle and pedestrian facilities, with an emphasis on connections to transit including the La Mesa Rail Trail. The City has also submitted a Sustainable Communities grant request to Caltrans for development of the Spring Street Transit Station Multimodal Access Plan. The City will be issuing a request for proposal to select a consultant to perform the study.
Policy CE-5.1.3: Within a quarter mile of transit services, the needs of pedestrians will be a priority for future capital investment.
Progress: Construction of North Spring Phase 2A/2B was completed in 2022. The project provides a path of travel for pedestrians and bicyclists from the commercial zone to the la Mesa Boulevard Transit Hub with a mid-block pedestrian crossing on University Avenue.
Policy CE-5.1.4: Include night lighting at bus stops to increase visibility and security for transit passengers.
Progress: The City continues to provide permit support for the installation of lighted bus shelters at local transit stops.
Objective CE-5.2: Focus on “Safe Routes to School” around school sites.
Policy CE-5.2.2: Encourage pedestrian and bicycle safety training for school students enrolled in La Mesa schools.
Progress: A bike safety rodeo held at the annual Earth Day event at MacArthur Park in April 2024 and at the La Mesa Police Department Safety Fair in September 2024 to provide resources on safe walking and cycling. In 2024, the City partnered with the San Diego County Bicycle Coalition to host free classes including three All About E-bikes webinar and four City Cycling Classes.
2024 General Plan Annual Report page 27
Section IV
Conservation & Sustainability Element
Sustainability is the ability to meet the needs of the present without compromising the needs of future generations. A sustainable community exhibits the following traits: development pattern that expands housing choice and economic opportunities for all, a healthy environment and social climate at functions in harmony with natural ecosystems, a resilient, diverse, and self-sufficient local economy, and a transportation network that provides residents with connectivity and commuting options. The Conservation & Sustainability Element addresses Resource Conservation, Environmental and Public Health, Economic Development, and Transportation.
Several projects and activities completed or ongoing in 2023 are in alignment with Element goals and objectives as listed below.
Goal CS-1: The sustainable use of natural resources and land.
Objective CS-1.1: Create compact, mixed-use projects with amenities to enhance the City’s natural setting.
Policy CS-1.1.2: Promote the Mixed-Use Overlay Zone and related Design Guidelines to encourage infill along the City’s transit corridors.
Progress: Much of the new development in the City is in the Mixed-Use Overlay zone. In 2024, three development projects in the Mixed-Use Overlay zone were under construction and an additional five development projects in the Mixed-Use Overlay Zone were under review or approved. Multiple projects in the pre-submittal stage are expected to be under review in the coming year. These projects enhance the City’s natural setting by improving the pedestrian experience through new landscaping, wider sidewalks, and development situated close to the street.
Policy CS-1.1.3: Preserve existing trees where appropriate and require planting of new trees in conjunction with public and private developments.
Progress: New private development is required, as a condition of approval, to provide trees in accordance with the City’s adopted Landscape Standards and with overlay zoning requirements.
In 2019, the City was awarded a Cal Fire grant to plant 350 trees, conduct tree education and outreach, and author an Urban Forest Management Plan. The grant scope was completed in 2024. The Urban Forest Management Plan was completed in 2022 and is currently being implemented. The Plan includes policy recommendations to require planting of new trees on public and private developments to maintain and expand La Mesa’s urban forest.
2024 General Plan Annual Report page 28
Objective CS-1.2: Encourage the use of local, non-polluting, renewable, and recycled resources.
Progress: In July 2019, the cities of La Mesa, Chula Vista, and Santee completed a joint feasibility study to assess the viability of community choice energy for each city.
Community choice is a mechanism that allows cities to increase the amount of nonpolluting, renewable electricity by managing the procurement and sourcing of electricity.
The feasibility study found that community choice would be a cost effective and viable option to support La Mesa’s CAP goals and community electricity needs. In September 2019, Council approved community choice aggregation and became a founding member of the regional community choice program, San Diego Community Power (SDCP). SDCP was formally launched in October 2019 in partnership with the cities of Chula Vista, Encinitas, Imperial Beach, and San Diego. Throughout 2020, San Diego Community Power established operations and started serving customers in 2021. SDCP officially launched Phase 1 municipal accounts in March 2021 and Phase 2 commercial accounts in June 2021. The City affirmed their commitment to renewable electricity and upgraded all municipal accounts from the default, PowerOn, to Power100 which provides 100% renewable electricity. Phase 3 residential accounts began in March 2022. The participation rate in 2024 for La Mesa is 95.1 percent.
Objective CS-1.3: Achieve sustainable levels of water supply and quality in support of local and Regional needs.
Policy CS-1.3.1: Support Regional water conservation efforts, water reclamation, and prevention of water quality degradation.
Progress: The City is engaged in several regional efforts to achieve sustainable water levels and quality. Cal-Sense computer control systems are in use at 90% of the City’s facilities, parks, and landscaped medians to assist park maintenance staff in water management and maintenance of irrigation systems. Staff is working with the City of San Diego to increase water recycling and reuse of wastewater to reduce demands on imported water. The City of La Mesa supports the Pure Water San Diego program to convert 83 million gallons a day of wastewater to potable drinking water by 2035. The City is converting water intensive grass areas and landscaping along roadway medians and City facilities to drought tolerant plantings. Landscaping at Fire Station 12 has been converted to a drought tolerant planting layout. Also, eight Cal-Sense controllers have been upgraded to the newer 3000 controller models with 4G cell service compatibility. In 2024, the City converted City Hall landscaping to a water conservation demonstration garden, showcasing low water intensive plants for the La Mesa climate.
Policy CS-1.3.3: Encourage the use of mulch and compost in lieu of chemical fertilizers to improve water quality.
Progress: The City offers discount vouchers for compost bins and provides information online about backyard composting. Free compost is made available to the public to selfhaul on a first-come, first-serve basis during the bi-annual paper shredding events. The
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City also offers free community self-serve compost to residents during the non-rainy months.
Objective CS-1.4: Collaborate with partner agencies, utilities, and businesses to support a range of energy efficiency and conservation measures.
Policy CS-1.4.1: Facilitate savings-by-design and address energy-efficient building and site design in the retrofit or renovation of new, and existing, developments.
Progress: The City enforces the California Energy Efficiency Standards and the California Green Building Standards Code regulating energy conservation techniques, materials and appliances in the construction of both public and private buildings.
La Mesa offers the DIY Energy and Sustainability Toolkit, which gives residents the tools and resources they need to complete an at-home DIY energy audit. The toolkit contains free resources including showerheads, LED light bulbs, and weather stripping, and teaches the importance of energy, water, and waste efficiency. More than 200 residents have participated in the program to date.
Smart LED street lights continue to be installed throughout the City. The smart lights allow the City to remotely monitor, adjust and minimize energy usage of the lights in addition to the reduced energy needs of LED lighting. In areas where the City is not using smart LED street lights, the City is replacing older less efficient street lights with LED.
The City began working with an Energy Services Company (ESCO) to conduct a largescale energy efficiency upgrade project for municipal facilities that will include onsite renewable energy, battery storage, and electric vehicle charging infrastructure.
Policy CS-1.4.2: Encourage the use of local, non-polluting, renewable, and recycled resources.
Progress: In July 2019, the cities of La Mesa, Chula Vista, and Santee completed a joint feasibility study to assess the viability of community choice energy for each city.
Community choice is a mechanism that allows cities to increase the amount of nonpolluting, renewable electricity by managing the procurement and sourcing of electricity.
The feasibility study found that community choice would be a cost effective and viable option to support La Mesa’s CAP goals and community electricity needs. In September 2019, City Council approved community choice aggregation and became a founding member of the regional community choice program, San Diego Community Power. SDCP was formally launched in October 2019 in partnership with the cities of Chula Vista, Encinitas, Imperial Beach, and San Diego. Throughout 2020, San Diego Community Power established operations and started serving customers in 2021. SDCP officially launched Phase 1 municipal accounts in March 2021 and Phase 2 commercial accounts in June 2021. The City affirmed their commitment to renewable electricity and upgraded all municipal accounts from the default, PowerOn, to Power100 which provides 100% renewable electricity. Phase 3 residential accounts began in March 2022. The participation rate in 2024 for La Mesa is 95.1 percent.
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The City continues to share programs available for residents and businesses for energy efficiency with the DIY Energy Saving & Sustainability Toolkit, renewable energy programs through SDG&E and San Diego Community Power, and the San Diego Regional Green Business Certification Program.
Goal CS-2: Improve environmental and public health in the City.
Objective CS-2.1: Facilitate solid waste reduction measures.
Policy CS-2.1.1: Encourage composting, recycling, and other appropriate techniques to reduce waste by the City and its residents.
Progress: The City continued implementing its waste and recycling programs, including the construction and demolition ordinance and yard waste recycling. The City continues to offer discounted compost bins for its backyard composting program to help reduce food waste. The program enables residents to purchase composting bins at Dixieline ProBuild in La Mesa at a discount by using coupons issued by the City. The City issued 13 discount coupons in 2024.
In 2019, the City Council approved comingled organic waste recycling to meet the statutory requirements of SB 1383 (Lara, 2016, Short Lived Climate Pollutants). EDCO began providing organic waste recycling service for single family residential customers in April 2021, in which residents can co-mingle food waste and food scraps with yard waste in their curbside green cart. Commercial business and multi-family customers started organics recycling in 2022. Also, in 2022, the City Council adopted a Mandatory Organics Recycling and Edible Food Recovery ordinance to comply with SB 1383. The City has 100% organics recycling compliance rate for residential, multifamily, and commercial customers.
Eight household hazardous waste collection events were held in 2024 to ensure hazardous materials are properly disposed. Two free paper shredding events were held for residents to give them a safe option for recycling unneeded personal and financial records. EDCO Station also issued biannual coupons to residents to provide a convenient opportunity to dispose of trash, yard waste, bulky items, recyclables and more, free of charge.
Policy CS-2.1.2.: Establish management policies and programs which will encourage recycling by the City, residences and businesses.
Progress: The City continues to enforce the mandatory commercial recycling ordinance which requires commercial businesses and multifamily complexes to recycle. Almost 100% of La Mesa businesses and multifamily complexes are currently participating in the mandatory recycling program. The City Council approved organic waste recycling in 2019, and the City has successfully worked with its franchise waste hauler, EDCO, to implement an organics recycling program for single family residential, commercial businesses, and multi-family residential properties to divert food waste from the landfill and meet the requirements of AB1826 and SB 1383. The organic waste recycling service began in April
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2021 for single family residential customers and in 2022 for commercial businesses and multi-family residential customers. 100% of all commercial businesses are currently participating in the mandatory organics recycling program.
The City continued implementation of its Construction and Demolition (C&D) ordinance, which requires new construction and major renovation projects to recycle 75% of the project’s construction waste.
La Mesa continues to take part in a regional used oil grant program that encourages oil and oil filter recycling. This includes operating an oil filter recycling exchange event at a local automotive parts store, providing updates on the location of certified used oil centers, and conducting quarterly site visits to ensure program requirements are being met.
Objective CS-2.2: Reduce the level of pollutants entering the air.
Policy CS-2.2.1: Establish local best management practices that improve air quality as mitigation measures in the environmental review of future development.
Progress: The City installed ten electric vehicle charging stations at City Hall in 2019 to encourage workplace charging and greater adoption of zero emissions vehicles. In 2022, the City installed four electric vehicle charging stations at MacArthur Park in partnership with SDG&E’s Power Your Drive program. These chargers will be available to the public and expand much needed charging infrastructure in the community. The City is a founding member of San Diego Community Power, which will facilitate the City-wide transition to 100% renewable electricity by 2035. SDCP was formally launched in October 2019 in partnership with Chula Vista, Encinitas, Imperial Beach, and San Diego. SDCP officially launched Phase 1 municipal accounts in March 2021 and Phase 2 commercial accounts in June 2021. The City affirmed their commitment to renewable electricity and upgraded all municipal accounts from the default, PowerOn, to Power100, which provides 100% renewable electricity. Phase 3 residential accounts began in March 2022. The participation rate in 2024 for La Mesa is 95.1 percent.
Policy CS-2.2.2: Encourage infrastructure, such as fueling stations, for alternative fuel vehicles.
Progress: The City continues to issue permits for commercial and residential electric vehicle charging stations. In 2019, the City received ten electric vehicle charging stations from SDG&E’s Power Your Drive program at City Hall to encourage workplace charging and greater adoption of zero emissions vehicles. In 2022, the City completed four electric vehicle charging stations at MacArthur Park, also part of SDG&E’s Power Your Drive program. There are currently 18 public charging stations in the City.
Policy CS-2.2.3: Collaborate with public, private, and Regional entities to develop and implement “clean energy fueled” fleet, bus, and train vehicles.
Progress: In 2024, the City continued to work on two projects that will lead to transportation greenhouse gas emissions savings: the mode share study that analyzes
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how people drive, walk, bike, or take public transportation, and the Electric Vehicle Charging Station Master Plan. For City fleet electrification, the City received technical assistance funded by the California Energy Commission to identify opportunities to electrify the City’s fleet vehicles and meet State requirements.
The City currently has 18 hybrid vehicles, 6 electric vehicles, and 4 electric UTV park utility vehicles, and as City vehicles are replaced, fuel efficiency and reduced emissions will be important criteria in selecting replacement vehicles and equipment in the future. The two Building Inspection vehicles have identifying decals to designate them as electric.
The City achieved 100% compliance with the Air Resources Board, Diesel Off-Road OnLine Reporting System by installing equipment identification numbers on all affected equipment. The City has also purchased newer diesel-powered trucks and equipment that meet the robust emissions standards. In addition to purchasing newer equipment, the City began using Renewable Diesel in January of 2019 instead of Ultra Low Sulfur Diesel and reduced greenhouse gas emissions from the diesel fleet by approximately 65%. A Phase II, Enhanced Vapor Recovery (EVR) emissions upgrade, was completed to the fueling facility. The fueling facility was upgraded to the Air Resources Board EVR2 specifications to reduce gasoline vapor emissions while fueling. AIMS Fuel master automatic fuel monitoring devices are currently used on all City-owned vehicles, including emergency medical service vehicles.
In 2015, EDCO Disposal Corporation opened a natural gas refueling station in La Mesa that is open to the public. EDCO has converted most of their fleet to natural gas and in 2021 started using the renewable natural gas created in their new state of the art anaerobic digester to power part of their fleet. Natural gas vehicles reduce carbon emissions into the environment. This helps the City meet statutory procurement requirements under SB 1383.
Goal CS-3: Safe mobility and access for all without compromising our ability to protect public health and safety.
Objective CS-3.1: Facilitate a reduction of automobile dependency in favor of affordable alternative, sustainable modes of travel.
Policy CS-3.1.1: Encourage businesses, organizations, and residents to participate in the implementation of Regional transportation demand management, including carpooling programs.
Progress: The City continued implementation of its CAP and Vision Zero programming.
To support increased safety and active transportation options, the City:
• In 2023, adopted a Complete Streets Integrated Design Manual (CSIDM), which includes standards applicable to various road typologies with certain average daily trips. The CSIDM will be used to configure streets to Active Transportation Program (ATP) concepts.
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• In 2024, adopted a grant-funded Local Roadway Safety Plan (LSRP) to identify and improve roadway safely for all modes of transportation. • Hosted educational events and virtual active transportation workshops including Bicycle Safety Checks, City Cycling classes, All About E-Bikes webinars, Bike Rodeos, and Bike Anywhere Day.
• Promoted the SANDAG Youth Opportunity Pass, which provides free transit on the bus, trolley, and trains for anyone 18 and under.
• Invested more than $10.4 million in grant funding towards bike and pedestrian infrastructure improvements across the City.
Section V
Recreation & Open Space Element
This Element provides guidance for the comprehensive and long-range preservation and conservation of “open space land.” This Element also outlines the City’s intentions for recreational facilities to improve the quality of life for residents. It is important for the City to maintain a wide range of different types of parks to assure that outdoor recreational opportunities are accessible to everybody. Several projects and activities completed or ongoing in 2023 are in alignment with Element goals and objectives as listed below.
Goal RO-1: A network of public parks throughout the City that will be convenient and beneficial to all segments of the community.
Objective RO-1.1: Give priority to maintaining and improving the City’s public park lands.
Policy RO-1.1.1: Use standards established within the Parks Master Plan for improvements to existing and proposed park facilities.
Progress: In line with the goals of the Parks Master Plan, 2024 saw progress on several park improvement initiatives. These included beginning preparation of construction documents for a future park at the Waite Drive site, public input meetings to shape the future of La Mesita Skatepark, and ongoing work to update the Recreation and Parks Master Plan.
Policy RO-1.1.2: Work collaboratively with school districts and other agencies to develop and share park facilities where feasible.
Progress: The City maintains its cooperative partnerships with school districts for the joint use of facilities, including athletic fields, parking lots and mutual use of city facilities.
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Policy RO-1.1.3: Explore the use of parks for weekend public art exhibits.
Progress: Four Movies in the Parks and six Sundays at Six Summer Concert Series were held at parks. A community Art in the Park family event and art show was held at the La Mesa Community Garden in MacArthur Park. Events held in parks through other non-profit rentals included the annual Harp Fest and Juneteenth Celebration.
Policy RO-1.1.4: Continue to collect park in-lieu fees from developers to fund needed park improvements.
Progress: In 2024, the City continued to collect Park Acquisition and Improvement Fees and Quimby Act Parkland Dedication In-Lieu fees. Park Acquisition and Improvement Fees and Parkland Dedication In-Lieu Fees are an integral revenue source to maintaining and improving the City’s public parks. Over the last few years, these funds have been used primarily for the Collier park project, which was completed in 2024.
Policy RO-1.1.5: Promote civic programs and involvement.
Progress: Events like Park Appreciation Day and an Earth Day Fair encourage residents to take an active role in enhancing the community and protecting the environment.
The City utilizes diverse communication channels (social media, website, newsletters) and collaborates with local partners to inform residents and provide opportunities for involvement in city activities, programs, and projects.
Objective RO-1.2: Improve accessibility to parks.
Policy RO-1.2.1: Situate park and recreation facilities and improve access to these facilities so that no resident is more than a 15-minute walk from an opportunity to engage in a recreational activity.
Progress: The City is actively exploring potential locations for pocket parks and ways to improve paths of travel to existing parks. A Recreation and Parks Master Plan is being developed to guide future improvements and expansions to its parks and open spaces.
Policy RO-1.2.2: Explore opportunities to add urban walking trails and promote connectivity to public parks.
Progress: Staff continue to pursue grant funding to implement the Urban Trails Mobility Action Plan, which proposes 19 new urban trails designed through nine parks. These trails will encourage walking, biking, and public transportation use, providing residents and visitors with healthy ways to access parks, open spaces, and recreational programs. The plan also includes a wayfinding program to help people easily locate and navigate to these destinations.
The La Mesa Walks program offered weekly guided walks in different urban and park settings.
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Policy RO-1.2.3: Design and improve parks to accommodate a community varying in age, athletic ability, physical agility, and recreational interest.
Progress: Through the development of the Recreation and Parks Master Plan, the City continues to prioritize inclusive design in park projects to ensure all residents have access to recreational opportunities that promote health, wellness, and community engagement.
Policy RO-1.2.4: Ensure park entrances are well marked with signage, well lighted, easily identifiable, and accessible for all ages and physical abilities.
Progress: The City maintains wayfinding signage at all park entrances.
Goal RO-2: A City that values areas of native vegetation for their open space and biological habitat.
Objective RO-2.1: Preserve and restore open space and natural features consistent with the City’s Habitat Conservation Plan.
Policy RO-2.1.1: The most sensitive open space and natural lands shall be preserved where feasible and include landscape features that are compatible with adjacent natural vegetation.
Progress: The City continues to oversee habitat management of the Eastridge Open Space Habitat Conservation area.
Goal RO-3: Open space areas within private developments that supplement and complement the City’s public open spaces.
Objective RO-3.1: Provide recreational and open space areas in new developments.
Policy RO-3.1.1: Planned residential developments, mixed-use projects, and multiple-family residential projects shall provide usable onsite open space areas as a supplement to the public parks and open space system.
Progress: The City continues to review all multi-family and planned-development housing to ensure that adequate open space is provided.
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Section VI
Historic Preservation Element
The City of La Mesa strives to sustain and improve the quality of its cultural environment and to promote awareness and enthusiasm for its unique identity. The Historic Preservation Element provides a blueprint for the identification and treatment of historical and cultural resources in La Mesa and for the integration of preservation planning into the comprehensive planning and development process. Several projects and activities completed or ongoing in 2023 are in alignment with Element goals and objectives as listed below.
Goal HP-1: Broadened recognition by La Mesans that the spirit and direction of the City’s growth is substantially reflected in its historic past.
Objective HP-1.1: Broaden recognition and awareness of the processes and features of the La Mesa Historic Preservation Program.
Policy HP-1.1.1: Form partnerships and share information between the City and preservation advocacy organizations to foster and support local public history projects.
Progress: In 2024, the City continued its collaboration with San Diego State University faculty and La Mesa History Center volunteers to conduct background research and field investigation towards updating the Historic Resources Inventory.
Policy HP-1.1.2: Inform citizens and project applicants of preservation regulations as part of the development review process.
Progress: In 2024, one building permit application for an alteration to a locally designated landmark was referred to the Historic Preservation Commission for a Certificate of Appropriateness. The project was determined to meet preservation regulations and was approved.
Objective HP-1.2: Update and maintain the La Mesa Historic Resources Inventory to identify the potential eligibility of properties built in the historic-era.
Policy HP-1.2.1: Implement a phased Historical Resource Survey program that accounts for all locations in the City and all building stock that achieves the historic-era through time.
Progress: In 2024, volunteer work continued to update the Historic Resources Inventory.
Goal HP-3: A strengthened local economic base with stabilized and improved property values through the identification and protection of individual properties and historic districts.
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Objective HP-3.2: Further preservation incentives and benefits for La Mesa property owners, residents, and businesses.
Policy HP-3.2.1: Continue the Mills Act Historic Preservation Property Tax Abatement Program and provide ongoing monitoring of property preservation agreement terms and conditions.
Progress: Two new Mills Act agreements were established in 2024, bringing the total number of agreements in place within the City to 55.
Policy HP-3.2.2: Continue to provide land use incentives that encourage property owners to designate their historical properties as Registered Historic Landmarks.
Progress: Registered Historic Landmarks in all residential zones are allowed, by conditional use permit, to be used as professional offices, retail businesses, bed and breakfast inns, and restaurants. These uses are not generally allowed in most residential zones.
Section VII
Noise Element
The purpose of the Noise Element is to limit the exposure of the community to excessive noise levels. The goals, objectives, and policies contained within the Noise Element serve to maintain areas deemed currently acceptable in terms of noise exposure and to mitigate undesirable levels of noise on existing sensitive land uses. The Noise Ordinance also quantifies the community noise environment to serve as a guideline to ensure that new development is protected from unwarranted noise and do not contribute to unacceptable levels of noise. Several projects and activities completed or ongoing in 2023 are in alignment with Element goals and objectives as listed below.
Goal NS-1: A community where noise and the effects of noise are minimized.
Objective NS-1.1: Require new projects to meet acceptable exterior noise level standards.
Policy NS-1.1.1: Review all development proposals, public and private, for consistency with the policies of this Element.
Progress: Potential noise impacts are evaluated during the development review process.
Where necessary, project applicants are required to modify the project to comply with the Noise Element and Noise Ordinance.
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Policy NS-1.1.3: Incorporate noise reduction features during site planning to ensure that areas intended for frequent outdoor use are subjected to 60 dBA CNEL or less for singlefamily land uses and 65 dBA CNEL or less for multi-family residential land uses and multifamily residential land uses within mixed-use developments.
Progress: Where necessary, the City requires that developers provide an acoustical analysis that includes recommendations for noise reduction features.
Objective NS-1.2: Ensure that interior noise levels do not exceed 45 dBA CNEL for singlefamily and multi-family residential land uses.
Policy NS-1.2.1: Enforce the California Noise Insulation Standards (California Code of Regulations, Title 24). Title 24 requires that an acoustical analysis be performed for all new multi-family residences in areas where the exterior sound level exceeds 60 dBA CNEL. The analysis shall ensure that the building design limits the interior noise environment to 45 dBA CNEL or below.
Progress: During plan review, the Building Division ensures that all new multi-family development complies with the Title 24 noise requirements.
Objective NS-1.3: Achieve noise compatibility between industrial/commercial and surrounding land uses.
Policy NS-1.3.2: Ensure that the design and construction of commercial, industrial, office, and mixed-use structures includes noise attenuation methods to comply with Exhibit NS-1 and Municipal Code Chapter 10.80.
Progress: Project-specific conditions of approval imposed on new development as part of discretionary review process require compliance with City regulations pertaining to noise. During plan review, the Building Division ensures that all new multi-family development complies with the Title 24 noise requirements.
Objective NS-1.4: Control undesirable or objectionable noise.
Policy NS-1.4.2: Limit truck traffic in noise-sensitive areas.
Progress: The Municipal Code contains a list of designated truck routes and requires commercial traffic to be limited to those areas.
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Section VIII
Safety Element
The purpose of the Safety Element is to minimize the impact on the community from hazardous conditions and emergency situations. Reducing the risk of death, injury, property damage, and economic and social dislocation resulting from fires, floods, earthquakes, landslides, and other hazards helps to ensure the overall health of La Mesa’s citizens. The Safety Element also acknowledges and reinforces the County of San Diego’s Multi-Jurisdictional Hazard Mitigation Plan. This county-wide plan, which is a comprehensive tool to enhance public awareness and promote compliance with State and Federal requirements, is one of the first in the State to tackle this planning effort on a regional basis. Several projects and activities completed or ongoing in 2023 are in alignment with Element goals and objectives as listed below.
Goal SE-1: Protection from the adverse effects of flooding.
Objective SE-1.1: Provide adequate flood control facilities.
Policy SE-1.1.1: Conduct City-wide storm drain master planning, to include mapping of existing storm drain infrastructure, assessing conditions, prioritizing drainage problems, and developing solutions.
Progress: In 2024, Public Works maintenance staff continued work videotaping corrugated metal pipes and rated their condition on the City’s infrastructure management system (Cartegraph). Using pipe condition assessment, Capital & Maintenance was created for storm drain facilities. These plans continue to guide replacement funds and maintenance activities.
Policy SE-1.1.2: Provide on-going replacement of corrugated metal pipe drainage infrastructure with upgraded reinforced concrete and high-density plastic materials.
Progress: Corrugated metal pipes in La Mesita Park and in MTS and Caltrans easements will be rehabilitated or replaced as budget allows. Lining and spot repairs continue a yearly, ongoing basis based on need.
Policy SE-1.1.3: Pursue grant funding for flood control projects as needed.
Progress: In 2019, a grant application was awarded for a flood control project near the intersection of 69th Street at Boulevard Drive. The project is currently in the bidding/advertisement phase. The City applied for additional Federal Emergency Management Agency grant funding for the Ohio/Jessie/70th St. neighborhood in West La Mesa in 2022.
Policy SE-1.1.4: Require that all proposed development be designed to minimize the volume and velocity of surface runoff and to prevent adverse downstream effects.
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Progress: The City continues to require that any post-development increases in offsite discharge be minimized, justified, and mitigated in conjunction with review of new development.
Objective SE-1.2: Minimize losses caused by flooding within the 100-year floodplain and potential dam inundation areas.
Policy SE-1.2.1: Continue to require that all new development in flood prone areas be elevated to or above the level of a 100-year flood.
Progress: The City is continuing to require that all development in the flood prone areas be elevated to or above the level of a 100-year flood.
Policy SE-1.2.2: Maintain and regularly clean out storm drains in low lying areas such as the Alvarado Creek drainage channel.
Progress: Storm drain facilities are cleaned and inspected prior to each year’s storm season. The City monitors key locations based on historical flooding issues and works to address issues based on ownership responsibility. Flood mitigation is an ongoing, yearround endeavor designed to minimize damage to public and private property.
Policy SE-1.2.3: Continue to participate in the National Flood Insurance Program.
Progress: The City continues to participate in this program.
Goal SE-2: Protection from risks associated with landslides and other geologic hazards.
Objective SE-2.1: Implement development standards that minimize safety hazards and potential property damage due to the effects of naturally occurring geologic formations.
Policy SE-2.1.2: Inform citizens and project applicants of geotechnical submittal requirements as part of the development review process.
Progress: The Public Works Department, Engineering Division, communicates with project applicants about geotechnical submittal requirements during development review.
Goal SE-3: Protection from adverse effects caused by earthquakes and other seismic hazards.
Objective SE-3.1: Promote ongoing efforts to improve the seismic safety of buildings and structures.
Policy SE-3.1.1: Apply and enforce seismic design standards and building construction codes for new development.
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Progress: All new construction is reviewed for compliance with the California Building Code, which includes seismic design requirements.
Objective SE-3.2: Implement programs to help reduce loss of life and injury and minimize property damage in the event of a major seismic event.
Policy SE-3.2.1: Support programs which raise public awareness about earthquake safety and provide procedures and staff support for effective community response to a major seismic event.
Progress: Staff participates and trains to serve in the City’s Emergency Operations Center, which is equipped to serve as a community command center for the city if there were a major disaster such as an earthquake. Staff supports and provides training to Community Emergency Response Team (CERT).
Goal SE-4: Protection from risks associated with fire.
Objective SE-4.1: Minimize the risk from fire hazards in new development.
Policy SE-4.1.1: Continue to enforce fire codes involving new construction.
Progress: Heartland Fire performs plan reviews for new construction and tenant improvements and completes construction inspections to ensure compliance with the adopted fire codes. In cooperation with business licensing, new businesses are inspected by Heartland Fire to ensure compliance with life and fire safety codes and standards.
Policy SE-4.1.2: Continue to ensure that street width and turn-around regulations are met.
Require upgrade of fire equipment as warranted by the height and location of future development.
Progress: Heartland Fire reviews new development plans for compliance with streetwidth and turn-around regulations.
Policy SE-4.1.3: Require the use of fire-resistive native plant species from the City-approved plant list.
Progress: All new development in the City is required to use fire resistive plantings and Heartland Fire maintains a fire-resistive tree list.
Objective SE-4.2: Minimize the risk of wildfires in developed areas of the City.
Policy SE-4.2.1: Continue current practice of weed abatement in brush areas that are vulnerable to wildfire.
Progress: Heartland Fire performs the annual weed abatement and inspection program that requires property owners to clear their lots of overgrowth prior to fire season.
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Policy SE-4.2.2: Actively participate in Zone, County, and State mutual and automatic aid agreements that support mitigation of wildfire hazards.
Progress: Heartland Fire continued participation in automatic and mutual aid to the region and state.
Goal SE-5: Protection from exposure to hazardous materials and waste.
Objective SE-5.1: Participate in the safe, efficient, and responsible management of hazardous waste materials.
Policy SE-5.1.1: Participate with the County of San Diego in the implementation of the San Diego County Integrated Waste Management Plan (IWMP).
Progress: The City continued implementation of the IWMP. City staff attends monthly Technical Advisory Committee meetings at the County of San Diego to coordinate with other jurisdictions on waste and recycling activities.
Policy SE-5.1.2: Implement the programs outlined in the Household Hazardous Waste Element of the City's Integrated Waste Management Plan.
Progress: The City hosted eight household hazardous waste events for La Mesa residents in 2024. Similarly, the City offered educational materials on its website to engage La Mesa residents on proper disposal of household hazardous waste materials.
Policy SE-5.1.3: Ensure that there is an accurate information system to monitor hazardous materials which are generated, handled, stored, treated, and transported within La Mesa.
Progress: The City hosted eight household hazardous waste events for La Mesa residents in 2024. Similarly, the City offered educational materials on its website to engage La Mesa residents on proper disposal of household hazardous waste materials.
Policy SE-5.1.7: Continue to maintain and enforce local ordinances which regulate smoking in public places as a means of protecting its citizens from adverse effects of secondary smoke.
Progress: In 2020, the City Council adopted an amendment to the Municipal Code to prohibit smoking in public places, including on streets, sidewalks, and in certain unenclosed places of employment. All 14 La Mesa parks have been designated smokefree environments since 2006.
Policy SE-5.1.8: Participate in local and regional programs that facilitate the proper disposal of hazardous household waste.
Progress: The City hosted eight household hazardous waste collection days in 2024 at EDCO Station located in the City’s industrial area. Hazardous waste was collected from
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1061 La Mesa and Lemon Grove residents in 2024. The City also offers door-to-door collection of hazardous waste for home-bound residents.
Policy SE-5.1.9: Support programs that encourage businesses to use alternatives to hazardous materials and reduce the creation of hazardous waste.
Progress: The City of La Mesa’s website includes information on the types of hazardous waste materials and how to dispose of the products properly. The City also provides links to regional hazardous waste reduction guides and resources on its website.
Goal SE-6: Safety services at levels necessary to protect the public.
Objective SE-6.1: The City will maintain public safety services at levels necessary to protect its citizens.
Policy SE-6.1.1: The La Mesa Police Department will continue to participate in cooperative activities with area law enforcement agencies as a means of combating Regional or Subregional crime activities.
Progress: Currently, the Police Department participates in three regional crime task forces; the Narcotic Task Force, the Regional Auto Theft Task Force, and part-time on the U.S. Marshal’s Regional Fugitive Apprehension Team. The Narcotics Task Force Detective is assigned to the Regional Fentanyl Overdose Team. The La Mesa Police Department participates with other San Diego County law enforcement agencies in grant funded Stonegarden enforcement details where the criminal activity has a nexus to border crimes (Narcotic and Human Trafficking), and Regional Realignment Response Group (“R3G”) grant funded enforcement details aimed at AB109 criminal activity. The Police Department continues its regional partnership with the Joint Terrorism Task Force by having designated Terrorism Liaison Officers.
The Police Department is an Associate Member of the Violent Human Trafficking and Child Exploitation Task Force and the Internet Crimes Against Children Task Force.
Goal SE-7: Effective emergency disaster response where citizens are prepared and disruptions to vital public and private services are minimized.
Progress: Fire Department partners with the Cities of El Cajon, Lemon Grove, and Santee in Community Emergency Response Team (CERT) program for emergency preparedness. Through the Heartland Fire JPA with Lemon Grove and El Cajon, La Mesa has a full-time Emergency Preparedness Coordinator who creates plans and conducts preparedness training for the three cities. Special presentations have been provided to prepare citizens for predicted events. The Department also has an Emergency Operations Center at Fire Station 11, for use in the event of a disaster in La Mesa or the region. The City participates in regional emergency preparedness working groups, including Access & Functional Needs, Care and Shelter, Urban Area, Emergency Operations Plan, and the
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Unified Disaster Council that is made up of representatives of the County of San Diego and each of the 18 cities in the County.
Objective SE-7.1: Provide advance planning and disaster preparedness Policy SE-7.1.1: Establish and maintain programs to raise citizen awareness about the benefits of disaster preparedness.
Progress: The department typically provides presentations that train the public on survival techniques for natural disasters such as earthquakes, floods, landslides, and wildfires, and man-made events such as bomb threats. The Fire Department also has a shared Emergency Preparedness Coordinator through the Heartland Fire JPA. This position provides disaster preparedness training, programs and policies for the Cities of La Mesa, El Cajon and Lemon Grove. The City is also the sponsoring agency for the Easy County Community Emergency Response Team (CERT) program. CERT volunteers participate in community events throughout the year, promoting disaster preparedness. The Heartland JPA is the host agency for East County CERT and helps to provide training to its volunteers.
Policy SE-7.1.2: Regularly conduct emergency simulation exercises.
Progress: Heartland Fire conducts annual citywide disaster training exercises to prepare staff with fulfilling their roles in the Emergency Operations Center in the event of a disaster in La Mesa or the region. In addition, the Department participates in regular training to update and improve their skills, knowledge, and operating procedures so that they can better serve the community. This training includes, but is not limited to fire suppression, confined space rescue, heavy rescue, hazardous materials, emergency medical, driver awareness, mass casualty response, and other in-service training. This training is a vital part of a program that achieves an ISO rating of 1 for the Department. This excellent rating signifies a well-equipped and well-trained fire department.
Policy SE-7.1.3: Present at least one public awareness program or emergency response exercise each year to keep the community alert to the most current programs and technology available for citizens to effectively respond to a major disaster.
Progress: Heartland Fire & Rescue Emergency Preparedness Coordinator refines and expands upon existing programs, including special presentations on ways to reduce the number of non-emergency 911 calls.
Heartland Fire & Rescue also works to promote the County’s reverse 911 program, Genasys Protect, and Alert San Diego. This allows area residents to register their cell phones to receive emergency alerts specific to their neighborhood, regardless of their location at the time of the incident.
2024 General Plan Annual Report page 45
Section IX
Public Services & Facilities Element
Although a Public Services & Facilities Element is not required, planning for and providing public services and facilities for the entire community is an important responsibility of local government.
The City of La Mesa strives to provide a safe community that meets or exceeds public expectations while maintaining adequate public infrastructure. Public services and facilities are linked to the General Plan through the Capital Improvement Program. The Capital Improvement Program must be found consistent with and serve to further the goals and policies of the General Plan. Several projects and activities completed or ongoing in 2023 are in alignment with Element goals and objectives as listed below.
Goal PSF-1: A balance of city services that achieves public expectations.
Objective PSF-1.1: The City will identify supporting revenue when planning and providing City services.
Policy PSF-1.1.1: City Staff will continue to provide the expected administrative guidance to City operations, while constantly being alert for opportunities to improve City services within budgetary limits.
Progress: The City continues to actively apply for grant funding to improve City services.
The City used SB 2 Planning Grant funding to develop a comprehensive ADU guidebook that was completed in 2023. The guidebook provides helpful information for homeowners, design professionals, and contractors to facilitate ADU production as a form of infill development.
Many grant-funded projects the City applies for directly support the City’s Capital Improvement Program, including the following:
• Utilizing grant funding from Caltrans, the City is preparing a Local Road Safety Plan (LRSP) to provide recommendations to reduce collisions and improve safety. • The City has been awarded numerous Highway Safety Improvement Program (HSIP) grants, in 2022, work was completed at eleven pedestrian crossing locations, which included the installation of flashing pedestrian beacons. • A Caltrans Sustainable Communities grant was obtained in 2020 for a La Mesa Boulevard Complete Streets Plan that will serve as a blueprint for transforming La Mesa Boulevard into a safe, multi-modal, mixed-use corridor that emphasizes walking, biking, and public transit.
• The City was awarded a Caltrans Active Transportation Program grant in 2020 to complete gaps identified in the bicycle facility master plan, and staff has engaged Caltrans District 11 staff on the issue of restriping roadways at freeway crossings to provide safer bike lanes.
2024 General Plan Annual Report page 46
• The City received a nearly $4M grant for improvements of bicycle and pedestrian facilities, with an emphasis on connections to transit including the La Mesa Rail Trail.
• The City submitted a Sustainable Communities grant request to Caltrans for development of the Spring Street Transit Station Multimodal Access Plan.
Goal PSF-2: City facilities to safely and efficiently provide services Objective PSF-2.1: When considering budgetary items, the City will give priority to those items that are of community-wide benefit
Policy PSF-2.1.2: Public buildings shall be efficiently and effectively maintained.
Progress: The City continued to analyze energy data to identify energy efficiency opportunities in municipal facilities through a large-scale project with an Energy Services Company (ESCO). Once implemented the measures are expected to reduce operating costs and improve occupant comfort.
Goal PSF-3: Economic development to expand revenue sources to fund necessary infrastructure
Objective PSF-3.1: Facilitate economic development through redevelopment, especially along transit corridors in the Mixed-Use Urban areas.
Policy PSF-3.1.1: Encourage developers to take advantage of and meet the objectives of the Mixed-Use Urban Overlay Zone and Design Guidelines.
Progress: New development along transit corridors is required to comply with the Mixed Use Overlay Zone and is reviewed by the DRB for consistency with the Urban Design Program and the Design Guidelines for Properties in the Mixed-Use Overlay Zone. Five Mixed-Use Overlay Zone development projects were under review in 2024.
Policy PSF-3.1.2: Continue to implement redevelopment projects and explore expanding of existing redevelopment project areas or adopt new project areas, as allowed by changing State legislation.
Progress: The City is partnering with USA Properties Fund, Inc. to develop an affordable, multi-family residential project on the site of the former La Mesa Police Department headquarters at 8181 Allison Avenue, which is a former redevelopment site owned by the City. The 147-unit project was under construction in 2024.
The City continues to track the dissolution of redevelopment and to monitor new legislation as it relates to this issue.
2024 General Plan Annual Report page 47
Goal PSF-4: A safe community
Objective PSF-4.1: The City will maintain a Police Department that is adequately staffed and funded to ensure a safe community.
Policy PSF-4.1.1: The City will monitor and prepare assessments of Police services to identify the level of Police staffing necessary to achieve the goal of a safe community, within budgetary constraints.
Progress: The La Mesa Police Department continues to address recruitment and retention as a priority issue. In 2024, the Police Department continued with recruiting efforts targeting a more diverse applicant pool. At the end of 2024, the Police Department was fully staffed for sworn positions but was down three Dispatcher positions. The Department is actively recruiting Dispatcher applicants and remains focused on recruiting highly qualified lateral applicants for sworn Police Officer. The CityGate staffing analysis initiated in 2023 was completed and presented to City Council in 2024. Several of the recommendations from that staffing study have already been implemented and further additions to Department staffing are under consideration for the next fiscal year.
Policy PSF-4.1.2: The City will identify the costs involved in providing the level of service desired and will explore revenue sources to fund such services.
Progress: The Office of Traffic Safety grant was obtained to assist with primary collision factor and alcohol related enforcement. The City is using funding from the state related to AB109 that can supplement homeless outreach, crisis intervention training, and at-risk youth programs. The City received funding from the US Marshals Service for fugitive apprehension and funding from the Bureau of Alcohol Tobacco and Firearms for the enforcement of ABC laws. The City again received funds for Operation Stonegarden, from the Department of Homeland Security, which covers reimbursement of overtime and equipment expenditures incurred while increasing law enforcement presence in the County of San Diego to reduce crime with a border nexus by enforcing state and local laws. The city’s Permanent Local Housing Allocation (PLHA) funds are being used to support the Homeless Outreach and Mobile Engagement (HOME) Team’s efforts in providing resources and housing to our homeless community.
Policy PSF-4.1.3: The City will continue to support Graffiti Abatement Programs through the public/private partnership currently working to overcome the problem.
Progress: The La Mesa Police Department utilizes the Graffiti Tracker and See-Click-Fix to photograph and document the location of graffiti for identification and future prosecution.
Public Works personnel paint out documented graffiti; normally within 48 hours of the knowledge of its existence. The Police Department works with Code Compliance regarding graffiti on private property. Code Compliance contacts the property owner and has them paint over the graffiti, or face fines.
2024 General Plan Annual Report page 48
Objective PSF-4.2: The City will take steps to provide and improve the services and response time of the Police Department.
Policy PSF-4.2.1: The Police Department will provide services that will help prevent crime as well as respond to it.
Progress: The La Mesa Police Department implements numerous crime prevention initiatives, which include improved web-based crime prevention information; developing and implementing web-based “crime alerts”; the use of residential and commercial security inspection letters; outreach by City leaders to community groups; and a Citizens’ Academy to educate members of the community about the Police Department and law enforcement operations, and revitalization of the Neighborhood Watch Program. Crime prevention and community education efforts also include the use of one-way notification services including Facebook, Twitter, Instagram, Nextdoor, and Nixle to send alerts and surveys to the community about police activities and crime issues. The Police Department attended five Neighborhood Watch meetings and met with the Neighborhood Watch block Captains to discuss safety and crime prevention. Presentations on identity theft protection and scam awareness were also delivered via the Adult Enrichment Center.
Policy PSF-4.2.2: The Police Department will explore technologies that will aid response time and other services.
Progress: The Police Department continues to use a paperless county-wide records management system (NetRMS) for more efficient and timely crime reporting. Police Dispatchers currently have the ability to monitor and communicate with park goers at La Mesita Park via a surveillance camera system. The Police Department is working to have additional surveillance installed in a second park.
The Police Department has formed an Unmanned Aircraft System (UAS) Team using commercially available platforms. The primary missions are preservation of life / public safety and crime scene preservation / evidence documentation. The UAS Team provides capabilities that are unique or cost prohibitive without the assistance of mutual aid. The program will comply with AB 481 and FAA Part 107 regulations.
The Police Department has received mobile fingerprint scanners to help identify persons detained or arrested in the field, alleviating the need to transport them to a police facility for positive identification.
The Police Department continues to use a crime analytical program, ForceMetrics, that helps improve the sharing of crime trend data and expedient record searches, as well as SPIDR Tech, a platform that allows citizens to provide direct feedback about their interactions with Police Department staff.
2024 General Plan Annual Report page 49
Objective PSF-4.3: The Police Department will work with adjacent cities, the County of San Diego, the California Highway Patrol, and other applicable law enforcement agencies Policy PSF-.4.3.1: The Police Department will continue to cooperate and interact with other law enforcement agencies in the region to provide an effective network of information and assistance.
Progress: Patrol officers and detectives from the Police Department participate in joint enforcement operations with other law enforcement agencies on a regular basis. These include operations aimed at drug activity, probation compliance, drunk driving, and underage drinking. Members of the management team regularly attend regional meetings where countywide crime trends and issues are addressed. Over the last several years, the Police Department has worked with the Law Enforcement Coordination Center (LECC) to assist with deconfliction and intelligence gathering for critical or pre-planned events.
The Department is also part of the countywide Law Enforcement Mutual Aid working group, to ensure emergency preparedness and operational readiness. In 2024, officers participated in regional agency training related to mobile field force, tactical operations, and criminal investigations.
Goal PSF-5: A community where fire risk is minimal
Objective PSF-5.1: The City will provide fire suppression services and prevention information and services.
Policy PSF-5.1.1: The Department will continue to provide first response medical emergency services.
Progress: In 2024 Heartland Fire & Rescue responded to 9,775 calls for emergency services, of which 8,226 were for medical aid services.
Policy PSF-5.1.2: The Department will train and maintain personnel capable of dealing with incidents involving hazardous materials.
Progress: Heartland Fire participates in the regional Hazardous Incident Response Team (HIRT). HIRT is a San Diego County joint powers team that handles larger hazardous materials incidents beyond the mitigation capabilities of the first responders. HIRT is made up of two teams: one operated by the City of San Diego Fire - Rescue and the other operated by the County of San Diego Department of Environmental Health. Heartland Fire & Rescue also conducts annual hazardous materials response and recognition training for its members.
Policy PSF-5.1.3: The Department will maintain a program that promotes disaster preparedness.
2024 General Plan Annual Report page 50
Progress: The Emergency Preparedness Coordinator provides information through training and presentations and through multiple social media outlets and community public education events.
Policy PSF-5.1.4: Heartland Fire will provide public information, education and services, which may help prevent fires.
Progress: Typically, the fire station hosts tours for school groups regularly throughout the school year and an open house during Fire Prevention Month. Fire extinguisher training, fire safety, and fire drills are conducted throughout the City on a regular basis, and juvenile fire setters participate in an intervention program as needed or required. The Department also typically conducts programs at local schools, businesses, and partners with LMPD at Neighborhood Watch presentations. Heartland Fire & Rescue also participates in the City of La Mesa Safety Fair and National Night Out events. Heartland Fire & Rescue conducts fire inspections throughout the City.
Policy PSF-5.1.6: The City will continue to include Heartland Fire in the Regional network of mutual aid fire response services.
Progress: In 2024, Heartland Fire & Rescue was an active participant in mutual aid responses through the local region and the State.
Objective PSF-5.2: The Department will continue to monitor its staffing model to maintain an effective and efficient suppression force.
Policy PSF-5.2.1: The City will strive to provide fire response services at the level necessary to maintain an (ISO) rating of 2.
Progress: The shared efforts of Heartland Fire & Rescue (La Mesa, Lemon Grove, and El Cajon), have maintained an ISO rating of a Class 1 Fire Department.
Objective PSF-5.3: Promote Regional cooperation in fire services Policy PSF-5.3.1: The City will continue to participate in the Regional and State Mutual Aid System.
Progress: In 2024, Heartland Fire was an active participant in the Regional and State Mutual Aid response. In addition, Heartland Fire participates in a State program that provides the City with a State-owned fire engine. This engine is housed in a City fire station and is available for City use as a reserve apparatus. When called, this unit responds with La Mesa personnel throughout the State and is typically called upon to assist suppression efforts on wildfire incidents. In 2024, this unit responded to major wildfires in the region and State.
2024 General Plan Annual Report page 51
Policy PSF-5.3.2: The Fire Department will continue to provide advanced life support first responder emergency medical services in partnership with American Medical Response (AMR).
Progress: Heartland Fire continues to provide advanced life support first responder emergency medical services in partnership with American Medical Response (AMR).
Policy PSF-5.3.3: The City will work to maintain Joint Exercise of Powers Agreements for management and delivery of fire protection and emergency medical services.
Progress: Heartland Fire & Rescue is participating in a Joint Powers Agreement with the Cities of El Cajon and Lemon Grove. This agreement provides a single management team for all three fire departments. Through this agreement with the Cities of El Cajon and Lemon Grove, Heartland Fire is working as a sub-regional fire agency.
Heartland Fire also continues to participate in a regional communications facility (Heartland Communications Facility Authority – HCFA) and a regional training facility (Heartland Fire Training Authority – HFTA). This participation increases communication, operational effectiveness, and operational safety. HCFA and Heartland Fire are also partnering in the San Diego County - Regional Communication System (RCS).
Goal PSF-6: Infrastructure of streets, sewers, and storm drains that sustains a high quality of life
Objective PSF-6.1: Reduce Sewer Spills to limit environmental and property damage Policy PSF-6.1.1: The City will continue to update and use the Wastewater Collection System Master Plan for guidance in maintaining and improving the sewer system.
Progress: The City continues to follow the Wastewater Collection System Master Plan.
The Sewer System Management Plan, and Emergency Response Plan which are included with the Master Plan, are updated as required by regulatory requirements.
Policy PSF-6.1.2: The Public Works Department will work to complete the collection system improvements as prioritized in the Wastewater Collection System Master Plan.
Progress: The City continues to improve the collection system by replacing aging sewer pipeline as well as reducing inflow and infiltration.
The City completed rehabilitation of portions of the sewer adjacent to Keeney Street in 2024. The Inflow and Infiltration Mitigation Phase 6 Project is scheduled for construction in 2025. The Inflow and Infiltration Mitigation Phase 7 Project is scheduled for construction in 2026.
2024 General Plan Annual Report page 52
Policy PSF-6.1.3: The Public Works Department will continue to maintain the existing sewer lines in an effort to reduce sewer spills.
Progress: In 2024, all of the City’s sewer mains were cleaned at least once. In addition, Public Works maintenance staff continued videotaping pipes and rating their condition on the City’s infrastructure management system (Cartegraph). Using both data sources, Asset Management Plans for both Capital & Maintenance was created for sewer facilities.
These plans are used to guide replacement funds and maintenance activities.
The City’s Backflow Prevention Program reduces sanitary sewer backups by offering a reimbursement incentive of half the cost of installation of a sewer backwater valve. Since program inception, 178 property owners, (residential and commercial) have received reimbursement for installing a sewer backwater valve.
Policy PSF-6.1.4: The City will continue to be a member of and advocate on behalf of its rate payers at the Metro Wastewater Joint Powers Authority.
Progress: In 2024, the City continued its membership in the Metro Wastewater Joint Powers Authority (Metro JPA).
Policy PSF-6.1.5: The City will cooperate with other agencies to determine the feasibility of using recycled water.
Progress: The City is a member of Metropolitan Point Powers overseeing wastewater treatment and recycling. These efforts are coordinated through Metro JPA.
Policy PSF-6.1.6: The City will endorse Regional efforts in water recycling.
Progress: The Metro JPA has endorsed the City of San Diego’s plan to recycled 83 million gallons a day of wastewater into potable drinking water called Pure Water San Diego by 2035.
Policy PSF–6.1.7: The City will continue the FOG (Fats, Oils and Grease) Control Program as a method to reduce maintenance effort and decrease sewer spills.
Progress: As part of the City’s Fats, Oils, and Grease (FOG) Program, which is designed to maintain wastewater system health and prevent overflows, the City permitted and inspected approximately 150 food service establishments in 2024.
Objective PSF-6.2: Maintain, improve and monitor the City’s storm water drainage system.
Policy PSF-6.2.1: The City will maintain a Storm Drain Master Plan to help plan and coordinate necessary improvements to the Storm Water Drainage System.
2024 General Plan Annual Report page 53
Progress: The City continues to update and maintain the Storm Drain Master Plan. Public Works maintenance staff also continued videotaping pipes and rating their condition on the City’s infrastructure management system (Cartegraph). Using both data sources, Asset Management Plans for both Capital & Maintenance were created for storm drain facilities. These plans are used to guide replacement funds and maintenance activities.
Policy PSF-6.2.2: A condition of approval of future development will include construction of improvements to the Storm Water System as appropriate.
Progress: The City continues to require developer-installed storm water improvements where needed in conjunction with new development.
Policy PSF-6.2.3: Capital Improvement Projects to replace corrugated metal storm drain pipe and address storm water drainage capacity issues will be identified and programmed as resources allow.
Progress: Corrugated metal pipes within La Mesita Park, MTS easements, and Caltrans easement are prioritized for replacement or rehabilitation.
Policy PSF-6.2.4: The City will maintain a program to ensure compliance with the National Pollutant Discharge Elimination System permit.
Progress: In 2024, the City conducted approximately 360 commercial/industrial storm water quality inspections and follow-ups, as required by the City’s National Pollutant Discharge Elimination System (NPDES) Permit and updated its inventory of 362 businesses which are periodically monitored for compliance.
Policy PSF-6.2.5: The Public Works Department will develop a program to monitor storm drain water quality and identify the best management practices necessary to deal with contaminants.
Progress: The City continues to implement a storm water pollution prevention program to educate the public and to reduce pollution in the region’s surface waters. The City’s Storm Water Program Manager and an Engineering Technician work directly with businesses and residents to foster compliance through inspections and education outreach. Over the past year, the City responded to approximately 50 storm water complaints received from citizens.
Objective PSF-6.3: Streets and alleys will be maintained to provide safe vehicular, bicycle and pedestrian access.
Policy PSF-6.3.1: The Sidewalk Master Plan and Bicycle Facilities and Alternative Transportation Plan shall be utilized for guidance in the design and construction of street improvements.
2024 General Plan Annual Report page 54
Progress: The City continues to pursue grant funding to implement active transportation concepts. The City currently has grants for freeway crossings, a Spring Street intermodal study, and bike lane projects.
Policy PSF-6.3.2: The street network shall be divided into maintenance zones for efficient planning and coordination of maintenance activities.
Progress: Street maintenance will be performed in one maintenance zone each fiscal year. In 2024 street maintenance was focused in Zones 6 and 7.
Policy PSF-6.3.3: Maintenance will be performed on street trees, curbs, gutters, sidewalks, pedestrian ramps, signage, striping, and roadway surfaces.
Progress: To ensure maximum function and safety of the City’s streets, maintenance crews patched or replaced approximately 28,000 square feet of asphalt surfaces in 2024. The City also striped approximately 56,328 lineal feet of pavement, fabricated and installed 38 traffic and road signs, and replaced 129 signs.
Policy PSF-6.3.4: Pavement condition assessment will be utilized to program the maintenance type and location to ensure most cost-effective maintenance.
Progress: In 2015 the entire street network was surveyed and ranked for pavement condition. The City continues to use this information for making pavement maintenance decisions. This will be updated again in 2025.
Policy PSF-6.3.5: Coordinate street improvements with other infrastructure improvements to achieve efficiencies.
Progress: Project managers meet bi-weekly to review planned improvements and coordinate efforts. Meetings with utility providers San Diego Gas & Electric, Helix Water District, AT&T, and Cox Communications are held bi-monthly to communicate and coordinate infrastructure improvements. A Road Moratorium interactive map, available on the City’s website, was updated to include upcoming programmed projects.
Objective PSF-6.4: The City will strive to maintain all existing park facilities at a level that is safe and appealing for the intended use.
Policy PSF-6.4.1: The City will maintain a Park Facilities Master Plan that will itemize and prioritize potential improvements for every park in the City.
Progress: Staff continuously seeks potential funding sources for proposed improvements documented in the Parks Master Plan (2012) and Urban Trails Mobility Action Plan. • A Recreation and Park Master Plan is underway as an update to the Parks Master Plan (2012) to be completed in 2025.
2024 General Plan Annual Report page 55
• Partial funding was secured to create the La Mesita Park Skatepark Feasibility Study to renovate the skatepark.
• Funding was secure in 2024 to create an Arts and Culture Master Plan.
Policy PSF-6.4.2: The City will search for new public and private funding sources that can be used to enhance existing park facilities, and to develop and maintain new park facilities.
Progress: The City actively pursues grant opportunities to support park improvements and facility upgrades. The City collaborates with the La Mesa Park & Recreation Foundation (LMPRF), to raise funds for park enhancements and programs.
Objective PSF-6.5: The City will coordinate environmental programs for the purpose of improving long-term sustainability.
Policy PSF-6.5.1: The City will coordinate the Stormwater Pollution Prevention Program with the solid waste reduction, recycling, household hazardous waste disposal, and other waste diversion mandates.
Progress: The City is in the process of evaluating crossover tasks related to storm water and waste diversion. Work will continue as regulations are phased in.
In 2024, the City held 8 household hazardous waste events, 6 Litter Free La Mesa community cleanup events, and continue to implement recycling and organics recycling programs in compliance with AB 32 and SB 1383.
Policy PSF-6.5.2: The City will provide enforcement activities to ensure recycling for singlefamily, multi-family and commercial properties, and construction and demolition sites to reduce the amount of solid waste diverted to local landfills.
Progress: The City worked in partnership with EDCO to educate and engage multi-family and commercial businesses in La Mesa on organics and recycling requirements and continues to conduct site visits. Similarly, the City integrated waste and recycling messaging into social media posts to further educate and engage the public. The City also continued implementation of the Construction and Demolition ordinance, which requires projects to divert 75% of construction and demolition materials from the landfill.
Policy PSF-6.5.3: New construction and remodeling projects are required to provide space for recycling containers.
Progress: The City continues to require that all new development and substantial remodeling projects provide a recycling container within an enclosure. The City created enclosure guidelines to ensure new developments are providing proper space for refuse enclosures. Project applicants are required to obtain a “Will Serve” letter from EDCO prior to project approval.