Same “Karen’s” who tried to get them shut down during Covid……pulling for Surf Cup Sports in this one.
City of San Diego sued over activities at Surf Cup Sports Park
Residents living near Surf Cup Sports Park are suing the city for failing to crack down on prohibited operations at the soccer fields.thecoastnews.com
Neighbors Sue City of San Diego over Surf Cup overusage
- Thread starter espola
- Start date
Might be the 1st time I've ever pulled for Surf Cup.
The city line wanders back and forth near Via de la Valle, the road just north of the mudhole parking lot.
Careful how you pronounce that.
Nfarr67291
BRONZE
The field is owned by the city of San Diego. The city of San Diego gets 10% of every dollar made by Surf Cup Sports. You can do the math to figure out how much the city makes from parking. On top of money made from outside clubs or leagues who rent the field. Top it off the City of San Diego request Surf Cup Sports and Surf SC to have one of the weeks of Surf Cup to be hosted on the same weekend as COMIC-CON. Doing this is a smart move by the city of San Diego. Hosting the two largest events the city does on the same weekend. This is why hotel prices skyrocket during the tournament weekend and COMIC-CON. With that said the city is also colleting tax money from the hotels who will be charging more because of the demand.
The City of San Diego will have Surf's back in the lawsuit. Just for the money it brings in and the open use fields of polo fields for sports.
Nfarr67291
BRONZE
I actually disagree with the lawsuit will get more days. It will end with the fact Surf is following the rules and the neighbors will have to lose again. The caveat to the rule is the event can last multiple days. "Multiple days"! I have attached the schedule of events for Surf Sports Park. As you can see the park has 12 events. Now let's add 2 more events for SOCAL league games and ECLN/ECRL Boys/Girls League games. Surf Sports Park is at 14 Events. I know the calendar doesn't have some of the Lacross events that happen. I don't know the total, but it has to be no more than 5. That puts Surf Sports Park at 18 Events. We can add 2 more event for the SD Wave who practices at the facility and all Youth teams who practice at the facility. The park is at 20 events now. Still has 5 left. Surf can get away with running two events on the same day and call it one event. Like a Lacross tournament on the front fields and a soccer tournament on the main back fields. Basically, Surf is not breaking the rules and will be able to keep doing business as normal.
Surf Sports Park 2023 Event Calendar*
| Month | Event | Start Date | End Date |
| January | So Cal State Cup | 1/21/2023 | 1/22/2023 |
| January | So Cal State Cup | 1/28/2023 | 1/29/2023 |
| February | So Cal State Cup | 2/11/2023 | 2/11/2023 |
| February | So Cal State Cup# | 2/25/2023 | 2/26/2023 |
| March | So Cal State Cup# | 3/4/2023 | 3/5/2023 |
| March | So Cal State Cup | 3/11/2023 | 3/12/2023 |
| March | Surf Challenge# | 3/18/2023 | 3/18/2023 |
| April | SoCal State Cup | TBD | TBD |
| May | Man City Cup++ | 5/27/2023 | 5/29/2023 |
| June | Rebels Cup | 6/3/2023 | 6/4/2023 |
| June | ECNL Girls++ | 6/24/2023 | 7/2/2023 |
| July | Del Mar Sharks | 7/15/2023 | 7/16/2023 |
| July | Surf Cup Olders+ | 7/28/2023 | 7/31/2023 |
| August | Surf Cup Youngers++ | 8/5/2023 | 8/7/2023 |
| August | SDSC Premier+ | 8/19/2023 | 8/20/2023 |
| August | East County Surf+ | 8/26/2023 | 8/27/2023 |
| October | ECNL Regional+ | 10/7/2023 | 10/9/2023 |
| October | USA Ultimate Frisbee | 10/19/2023 | 10/21/2023 |
| November | College Cup Olders+ | 11/24/2023 | 11/26/2023 |
| December | College Cup Youngers | 12/2/2023 | 12/3/2023 |
Does the Grant Deed say "days" or "events"?
Nfarr67291
BRONZE
They've been rolling out portable lighting, powered by portable generators, on the western fields for a few years now.
The residents at Polo Point and Polo Club are the ones that really take it on the chin, with Morgan Run being second, then greater RSF communities, eg Fairbanks, DMCC, Rancho Pacifica, the Covenant (RSF Proper), etc. It's that third batch where the real money is in the area; a theoretical list of property owners would read like a Who's Who in Corporate America and current/former professional athletes.
As SCS has continued to expand programming, they've increased the likelihood of catching the attention of that last group.
The 20 events and about 50 days on the calendar, not including the normal practice, league play schedules or the other sports (Lacrosse, Flag Football) and events (music festivals, arts fairs, etc), it's not too surpising the neighbors are getting their hackles up again. The roads in the surrounding area are simply overwhelmed, particularly in the summer months when you have either the Fair or the race track running that impact north and southbound traffic throughout the county.
And what does the grant deed say about commercial use? Seems like you have access to the Grant Deed. Can you please post?
Interesting read. The 25 day to 25 event amendment is at the bottom of the first page of the second doc.
However, note the conditions to the amendment:
Which leads to the partial revocation of the amendments, specifically the 25 events reverting to 25 days. The current "successor-in-interest as 'Grantor'" is Polo Club HOA, the plaintiff in the current suit. Seems like they could revoke the 25 events at will (if Ocean hadn't already done so).
And another interesting read on the topic from a few years back:
Neighbors say use at Surf Cup Sports Park has intensified, city says its tenant is in compliance
On most weekday afternoons, Surf Cup Sports Park is bustling with youth soccer action in pockets across the sprawling 80-acre property on Via De La Valle. Recently, Surf announced a partnership wit…
www.ranchosantafereview.com
This is an interesting letter that I am copying in full here because I'm not sure how to link it --
San Dieguito Planning Group
P.O. Box 2789
Rancho Santa Fe, CA 92067
March 10, 2022
Penny Maus
Director
Department of Real Estate and Airport Management (DREAM)
City of San Diego
PMaus@sandiego.gov
Dear Ms. Maus,
The San Dieguito Planning Group has continued to watch the evolution of the adjacent San Dieguito River Valley area locally known as the Polo Fields. The Polo Fields were conditionally deeded to the City of San Diego in 1983 by a developer of some of the surrounding communities. This Grant Deed expressly and unequivocally provided that the land be used for "passive, non-commercial recreational uses (picnicking, walking, hiking and similar activities), as well as active noncommercial recreational uses not involving large assemblies of people or automobiles 1 (e.g., equestrian activities, jogging, frisbee and similar activities) and for a time, the Polo Fields were used in that way. The City leased the land to the Polo Club who held weekend polo games, while allowing Surf Club to use the property for weekday soccer practices and an occasional (2 to 3 times per year) mid-size tournament.
However, in 2016, everything changed when the city selected Surf Club as the primary Lessee of the Polo Fields. Casting aside the interests of the surrounding property owners, and in direct violation of the Grant Deed's prohibition against commercial use, the City and Surf Club entered a 28-year lease, expiring on Dec. 31, 2044. The Lease then set the stage for Surf's aggressive expansion of the use of the Polo Fields in terms of the number, size, and scope of their events. In addition, Surf Club is increasingly subleasing the land when not in use to unaffiliated outside groups (Mainly Mozart, Festival of the Arts, Men’s Lacrosse, etc.) who are conducting more events and tournaments, some well into the night under bright lights.
The San Dieguito Planning Group, several area HOA’s, neighbors, and the Fairbanks Polo Club Association (FPCA, successor to the Grantor) have asked the City repeatedly and politely over the past 5 years to curtail this unconscionable disregard of the surrounding neighborhood and Grant Deed prohibitions and to enforce the terms of the Grant Deed. Numerous complaints have been filed concerning the increased use and subsequent traffic issues, road safety, noise levels, dust, hours of operation, lighting, illegal water pumping, fertilizer/pesticide use and more. In addition to the above complaints, we are also deeply concerned about the environmental impact this increased usage is having on this sensitive area. The fields run alongside the San Dieguito River and the Coast to Crest trail. In a state that has some of the most stringent environmental laws in the country, it seems those restrictions are not being applied here. Despite all of these efforts by various stakeholders, the City has failed to address these concerns.
In recent weeks, it has come to our Planning Group’s attention that there are new and expanded activities occurring at the Polo Fields:
Additionally, what is even more alarming is that all of this recent activity has been very clearly communicated as Phase 1 of their plans. The next phase includes constructing a more definitive building including a stadium for the WAVE home games in a year or two. How is this even possible under the Grant Deed, and without any public input or CEQA review? The Horsepark property directly across the street is restricted to agricultural or equestrian use due to its proximity alongside the coastal wetlands, yet Surf Club is allowed to build substantial improvements without undergoing any approval process or oversight?
Surf Club is required to abide by the deed restrictions on the property, but they have failed to follow them. One of these restrictions concerns the number of days of use. It has been more than a year since the January 29, 2021 appellate court ruling in the case of the Friends of The San Dieguito River Valley v. City of San Diego and Surf Cup Sports, LLC. This ruling made it absolutely clear that 25 days of events, NOT 25 events that last multiple days, are allowed under the Grant Deed. Yet activities documented during 2021 show at least triple the number of allowable event days were used, by conservative estimates. Neighbors’ efforts to get a definition of “event” from the City, or to have the 25 days of events enforced, have proven futile.
The FPCHA has determined Surf Club has consistently violated the restrictions on the use of the property and their lease which has negatively impacted local neighbors. The increased usage is not in compliance with the Grant Deed and intended use for this public land. This use is not consistent with the rural character of the neighborhood, and it negatively impacts the preservation of the sensitive lands of the San Dieguito River Valley and Park. The current infrastructure surrounding this site does not support this usage and its overuse has created a public safety and nuisance hazard. This land was clearly intended to be preserved as Open Space in exchange for residential development, not to be de-facto developed into a major sports and event complex stuck into a quiet rural residential community.
The San Dieguito Planning Group unanimously supports the actions being taken by the Fairbank’s Polo Club Homeowner’s Association to ensure enforcement of the Deed Restrictions governing the use of the property currently leased by Surf Cup and requests the City of San Diego make every effort to enforce those restrictions.
Sincerely,
Douglas Dill
Chair
San Dieguito Planning Group
San Dieguito Planning Group
P.O. Box 2789
Rancho Santa Fe, CA 92067
March 10, 2022
Penny Maus
Director
Department of Real Estate and Airport Management (DREAM)
City of San Diego
PMaus@sandiego.gov
Dear Ms. Maus,
The San Dieguito Planning Group has continued to watch the evolution of the adjacent San Dieguito River Valley area locally known as the Polo Fields. The Polo Fields were conditionally deeded to the City of San Diego in 1983 by a developer of some of the surrounding communities. This Grant Deed expressly and unequivocally provided that the land be used for "passive, non-commercial recreational uses (picnicking, walking, hiking and similar activities), as well as active noncommercial recreational uses not involving large assemblies of people or automobiles 1 (e.g., equestrian activities, jogging, frisbee and similar activities) and for a time, the Polo Fields were used in that way. The City leased the land to the Polo Club who held weekend polo games, while allowing Surf Club to use the property for weekday soccer practices and an occasional (2 to 3 times per year) mid-size tournament.
However, in 2016, everything changed when the city selected Surf Club as the primary Lessee of the Polo Fields. Casting aside the interests of the surrounding property owners, and in direct violation of the Grant Deed's prohibition against commercial use, the City and Surf Club entered a 28-year lease, expiring on Dec. 31, 2044. The Lease then set the stage for Surf's aggressive expansion of the use of the Polo Fields in terms of the number, size, and scope of their events. In addition, Surf Club is increasingly subleasing the land when not in use to unaffiliated outside groups (Mainly Mozart, Festival of the Arts, Men’s Lacrosse, etc.) who are conducting more events and tournaments, some well into the night under bright lights.
The San Dieguito Planning Group, several area HOA’s, neighbors, and the Fairbanks Polo Club Association (FPCA, successor to the Grantor) have asked the City repeatedly and politely over the past 5 years to curtail this unconscionable disregard of the surrounding neighborhood and Grant Deed prohibitions and to enforce the terms of the Grant Deed. Numerous complaints have been filed concerning the increased use and subsequent traffic issues, road safety, noise levels, dust, hours of operation, lighting, illegal water pumping, fertilizer/pesticide use and more. In addition to the above complaints, we are also deeply concerned about the environmental impact this increased usage is having on this sensitive area. The fields run alongside the San Dieguito River and the Coast to Crest trail. In a state that has some of the most stringent environmental laws in the country, it seems those restrictions are not being applied here. Despite all of these efforts by various stakeholders, the City has failed to address these concerns.
In recent weeks, it has come to our Planning Group’s attention that there are new and expanded activities occurring at the Polo Fields:
- Surf Club has subleased a portion of the property to the WAVE Women’s Professional Soccer team. This is currently for practice use only, and games will be played at SDSU and USD.
- Grading and new fields have been installed, and soil has been removed from the site.
- New trailers have been installed, including electrical service.
- Permanent above ground fuel storage has been added.
- Thirty (30) foot tall poles have been installed to string netting. This could be detrimental to birds in the area.
- New fencing has been added around the fields.
- New commercial signage has been added for the women’s team.
- A construction trailer, equipment and materials have been stockpiled in a fenced off area including stacks of steel beams and building materials. Neighbors have been told this is for construction of a new building for the WAVE team that will house a gym, offices, showers and lockers, several meeting areas for classes, and a small auditorium for press.
- New industrial generators were installed to power the WAVE facilities and construction trailer, which are causing a loud sound and vibration running continuously throughout the day and night. This constant vibration is more egregious than the noise from the games and practices as this noise never ends, greatly affecting neighbors’ peaceful enjoyment of their homes. (These sounds may be having an equally deleterious effect on the wildlife and nesting areas in the San Dieguito River Valley).
- Geotechnical engineering trucks are working on-site.
Additionally, what is even more alarming is that all of this recent activity has been very clearly communicated as Phase 1 of their plans. The next phase includes constructing a more definitive building including a stadium for the WAVE home games in a year or two. How is this even possible under the Grant Deed, and without any public input or CEQA review? The Horsepark property directly across the street is restricted to agricultural or equestrian use due to its proximity alongside the coastal wetlands, yet Surf Club is allowed to build substantial improvements without undergoing any approval process or oversight?
Surf Club is required to abide by the deed restrictions on the property, but they have failed to follow them. One of these restrictions concerns the number of days of use. It has been more than a year since the January 29, 2021 appellate court ruling in the case of the Friends of The San Dieguito River Valley v. City of San Diego and Surf Cup Sports, LLC. This ruling made it absolutely clear that 25 days of events, NOT 25 events that last multiple days, are allowed under the Grant Deed. Yet activities documented during 2021 show at least triple the number of allowable event days were used, by conservative estimates. Neighbors’ efforts to get a definition of “event” from the City, or to have the 25 days of events enforced, have proven futile.
The FPCHA has determined Surf Club has consistently violated the restrictions on the use of the property and their lease which has negatively impacted local neighbors. The increased usage is not in compliance with the Grant Deed and intended use for this public land. This use is not consistent with the rural character of the neighborhood, and it negatively impacts the preservation of the sensitive lands of the San Dieguito River Valley and Park. The current infrastructure surrounding this site does not support this usage and its overuse has created a public safety and nuisance hazard. This land was clearly intended to be preserved as Open Space in exchange for residential development, not to be de-facto developed into a major sports and event complex stuck into a quiet rural residential community.
The San Dieguito Planning Group unanimously supports the actions being taken by the Fairbank’s Polo Club Homeowner’s Association to ensure enforcement of the Deed Restrictions governing the use of the property currently leased by Surf Cup and requests the City of San Diego make every effort to enforce those restrictions.
Sincerely,
Douglas Dill
Chair
San Dieguito Planning Group
Last edited:
RandomSoccerFan
GOLD
The opposition website states that it is 25 days, not 25 events, and the distinction between the two is a clear legal sticking point. It appears that it was brought up years ago, and the city didn't do anything about it as of a 2019 response either.
from: https://www.preservethepolofields.com/history
from: https://www.preservethepolofields.com/history
It was certainly a win for Surf Cup Sports to recognize the change from 25 days to s5 events. What did the other interested parties get in compensation for that change?Interesting read. The 25 day to 25 event amendment is at the bottom of the first page of the second doc.
However, note the conditions to the amendment:
View attachment 16631
Which leads to the partial revocation of the amendments, specifically the 25 events reverting to 25 days. The current "successor-in-interest as 'Grantor'" is Polo Club HOA, the plaintiff in the current suit. Seems like they could revoke the 25 events at will (if Ocean hadn't already done so).
And another interesting read on the topic from a few years back:
Neighbors say use at Surf Cup Sports Park has intensified, city says its tenant is in compliance
On most weekday afternoons, Surf Cup Sports Park is bustling with youth soccer action in pockets across the sprawling 80-acre property on Via De La Valle. Recently, Surf announced a partnership wit…
I was told they were going to have full time residency for the top players who want to go pro. Basically, you live there full time, have school in the morning and then soccer all day. When is that phase? I was also told about a stadium to seat 5,000-10,000. I'm all for Surf Cup and fields for the kids but this is a little over kill for the NIMBYs in the area. With the SD Wave now on the fields and soon big stadium, they need to build a frwy and then off ramp to the fields. Great area for soccer and you got the race track across the way. I would sell my house and leave, moo!
The residency thing has been an ongoing rumor for years. I think that started when Nomads were doing it (when they were still relevant). It got new life with SCS and a related party purchasing the lot to the north and the separate residence right next to it and the fields. But there is about zero chance they get the zoning variances that they'd need to pull of running that at any kind of scale.
A group spent years trying to build a housing development that required zoning variances about a mile or so inland from there and got exactly nowhere after pissing off all of the local HOAs. I think they finally gave up and sold a year or two ago.
As for a stadium, I can't see how that will ever happen there for all the reasons above and more. I think that letter was conflating a few different development efforts at other sites.
You'd have to ask the folks at Ocean that one. I don't think at the time of execution the residents got anything, hence the threat of litigation against Ocean, Ocean's request for indemnification by the city and their eventual passing the deed to Polo Club HOA so they could get as far away from the whole thing as possible.
No way I leave my kid in some full time soccer house when she was 12. Those NIMBY folks would have had to deal with some late night music and maybe even a party or two and probably some TPing. My nephew in law was approached to do something with LA Galaxy residency and he said no because he wants to be with his mom & dad and that makes sense. I think my dd was the last to win a real "best of the best" tournament when they had just one group for each age back in 2015. Now I don't even know how many groups they have but they just went for more teams which equals more cars and the NIMBY folks are STFHs with all the traffic. I used to go eat at Whole Foods in 2016 and no problem parking. In 2021, it was insane and nowhere to park.
