SAN DIEGO — The City Council will soon consider whether to remove land-use restrictions at Surf Sports Park outlined in a historic grant deed, in an attempt to sidestep a lawsuit accusing the city of failing to enforce terms of the grant deed, as well as alter its lease with youth soccer organizer Surf Cup Sports.
The council is planning to discuss amendments to the 40-year-old grant deed and the lease at its Oct. 27 meeting, according to Council President Joe LaCava’s office, although the agenda for the meeting still needs to be confirmed.
The proposal has drawn fierce opposition from residents neighboring the sports park along Via de la Valle, as well as several planning and environmental groups, and support from Surf Cup Sports.
The 1983 grant deed was adopted when Watts Industries/San Diego deeded 80 acres of land along Via de la Valle to the city of San Diego, previously known as the polo fields. It includes a section called Exhibit B that sets restrictions on land uses, including a requirement to preserve it as open space with “passive non-commercial recreational uses.”
In 2023, the Fairbanks Polo Club Homeowners Association sued the city, alleging that it had allowed Surf Cup to violate the terms of the grant deed since its lease of the fields began in 2016. The suit says the city failed to enforce restrictions on the number of events per year, vehicles and traffic, commercial activity, and building of structures.
Many residents became outraged in June, when the city revealed in court filings that it planned to alter the grant deed by removing the entirety of Exhibit B, and with it, all the conditions and restrictions on the land’s use. This would essentially render the lawsuit moot.
“This is not letting the court opine on what this deed means. This is purely political,” said Coast Law Group attorney Livia Borak, a representative for the Fairbanks Polo Club residents.
The Coast News obtained an Oct. 1 draft of an agreement between the city and Ocean Industries (the successor to Watts Industries) to terminate Exhibit B, which would remove all conditions and restrictions on the use of the land.
Eliminating these safeguards would free the city from having to oversee the grant deed and make sure it’s being followed, the draft termination agreement states.
“The Parties acknowledge that this Agreement is made for valuable consideration and will mutually benefit their interests by alleviating any ongoing administrative burden or cost to monitor or enforce compliance with the Grant Deed Covenants,” the Oct. 1 draft reads.
San Diego and the original grantor, Watts Industries, can only agree to terminate the land use restrictions if Watts or its successors still own property within the benefited land area, which includes 18 parcels in the Fairbanks Ranch area.
City officials began formalizing an agreement to amend the deed after discovering that Ocean, the successor, owns land in the benefited area.
The city will also consider proposed amendments to its lease with Surf Cup for its use of the fields. Under the proposed lease changes, also dated Oct. 1, large events at Surf Sports Park will be limited to no more than 40 days per year. According to residents, this would be an increase from the current limit of 25 days per year in place for the fields.
“Large events” are defined in the draft lease as those using at least 18 of the 24 soccer fields on the property for soccer events, or those with at least 2,000 attendees for non-sporting events such as the Del Mar Wine and Food Festival.
Surf Cup said the amendments provide needed clarification on what uses are permitted at the site.
“Surf Sports is a vital member of the San Diego community, having developed local youth athletes and benefitted the regional economy for nearly 50 years. We are proud of our longstanding practice of using Surf Sports Park in a manner that complies with our lease and respects our neighbors. We believe the City’s proposal is a commonsense solution that provides clear parameters on allowed uses and ensures the community can continue benefitting from our programs for years to come,” said Surf CEO Brian Enge.
Surf also denies that it is subject to a 25-day annual limit on events.
“The grant deed for Surf Sports Park does not include a numerical cap on the number of large events that can take place at the property each year. We disagree with any assertion to the contrary. However, the City’s proposed solution is expected to include a numerical cap, which for the first time will provide everyone with clear and certain terms regarding allowable uses of the property,” Enge said.
The lease is also amended to say that Surf must obtain written approval from the city to implement any improvements, defined as “storage sheds, portable offices, shipping containers,” and any other permanent or temporary structures.
The proposed lease language states that termination of the grand deed restrictions does not automatically mean Surf can increase the intensity of large events, and that allowed uses will still include preservation of natural open space and outdoor recreational uses.
However, Borak said the city is creating a situation in which the fate of the fields is at the whim of Surf Cup and whoever is on the current City Council.
“I know the city thinks this is hyperbole, but if you put in language to be agreed to by Surf, then it’s to Surf’s benefit, clearly, to go along with this … It could change again in four years, and open up even more options,” Borak said.
The proposed lease amendments do not include changes to the fees Surf Cup pays to the city; however, an increase in events would likely mean more revenue for the city. Surf pays a quarterly base rent of $60,000 plus 10% of the gross revenues.
Public feedback
While waiting for the City Council hearing date over the past few months, many residents and local groups have submitted letters and public comments to San Diego leaders.
Several local jurisdictions, planning groups, neighborhood associations, and environmental groups have shared their opposition to terminating the grant deed. These include the city of Del Mar, San Dieguito and Carmel Valley planning groups, the Rancho Santa Fe Association, and more.
The city of Del Mar said they have “serious concerns” about the city terminating the open space deed restrictions due to impacts on the San Dieguito Riverpark and lagoon wetlands.
“The deed restrictions thoughtfully considered and placed on this property play an important role in protecting sensitive environmental habitat and public recreational resources,” Del Mar Mayor Terry Gaasterland said in an August letter from the city.
The Rancho Santa Fe Association, the governing body for the Rancho Santa Fe community, said that while it supports the positive role Surf Cup Sports plays in youth sports, it strongly opposes the removal of the deed restrictions.
RSFA said the use of the polo fields has significantly intensified over the years, and driving along Via de la Valle poses extreme challenges for residents due to traffic from soccer tournaments. This also raises concerns about evacuation routes in the case of a fire.
“We urge you, in the strongest terms, to oppose this action. To do otherwise would be to disregard the legitimate concerns of your neighbors and the commitments made to protect this shared region’s rural integrity and livability,” association president David Gamboa said in a September letter.
Whispering Palms resident Polly Wheatley has already shown up to speak at three San Diego city meetings in opposition. She said she hopes the City Council will actually listen.
“Really, they don’t have to make this decision,” Wheatley said. “They can do it before the courts.”
Surf Cup has also been rallying its own supporters, urging them to contact the city to encourage the removal of the land-use restrictions. A petition signed by over 1,000 people states that the council’s vote will solidify their long-term presence at the park and ensure players can continue benefiting from their programs.
Name dispute
Fairbanks Polo Club residents also say the changes to the grant deed violate their rights as the land grantor, noting that they legally have a say in what happens at the fields.
In 2018, Ocean Industries assigned all rights as the land grantor to the Fairbanks Polo Club Homeowners Association, giving the residents the right to, without limitation, “approve all discretionary uses” for the land requested by the city of San Diego.
However, the city of San Diego and Surf Cup Sports have argued in court filings that this assignment of rights to the residents is invalid because the group’s correct name is not Fairbanks Polo Club Homeowners Association but Fairbanks Polo Club Homes.
The residents have since filed a separate lawsuit against Ocean Industries, seeking to correct the 2018 assignment of the grantor’s rights to state their correct name.
Agendas for City Council meetings are usually posted online on the Wednesday before the meeting. Submit a comment for the agenda item here: https://www.sandiego.gov/city-clerk/agenda-comment-form
This story was updated to clarify that Surf Cup Sports denies that it is currently subject to an annual limit of 25 days of events.
