Surf schools under scrutiny in Encinitas, with city considering limits on class size

Facing complaints about parking shortages and beach overcrowding, Encinitas is rethinking its permitting system for the popular surf schools that offer paid classes at area beaches.

The city’s Parks & Recreation Commission took an initial look at the surf school issue earlier this month and decided to continue discussing it in greater detail at its Sept. 16 meeting. Ultimately, a final proposal will go to the City Council for approval later this fall, city employees told the parks commissioners.

Two key issues need to be addressed, they said. First, existing city codes and the accompanying permit process need to be updated to better reflect how the surf schools are actually using the beaches, said Dave Knopp, the city’s Parks, Recreation and Cultural Arts director.

“The code needs to be adjusted and that’s what we’re doing,” Knopp said, mentioning that some surf schools are offering classes on weekends, even though current city codes say that doesn’t happen.

And, second, some surf class sites need to be eliminated due to liability concerns, Encinitas Fire Chief Josh Gordon said.

Encinitas and the state of California split responsibility over beach lifeguarding — the state watches over some areas, while the city handles others. Due to coastal bluff failure issues in recent years, state officials have been reviewing the jurisdictional boundaries and have concluded that some spots Encinitas thought were under city control, actually are the state’s responsibility, Gordon said. That’s a problem because the city had been issuing surfing schools permits to use those areas, he said. Encinitas can’t keep doing that because of liability concerns, he added.

One spot that’s been hit with the boundary line issue is Swami’s Beach where Maui Surf Academy has operated for many years, Gordon said.

Maui Surf Academy owner Matthew Allen told the parks commissioners earlier this month that this situation means that he’s now being forced to compete with other permit holders for a new beach spot. And, the city’s proposed changes to the permitting process are greatly adding to his stress levels, he said.

Encinitas needs to give priority to long-established businesses, and it shouldn’t make them re-apply for permits every two years because that makes running a business very challenging, he said.

“I know of no other businesses that are forced to operate in this manner in our city,” he said.

Progressive Surf Academy founder Christian Marcher, who has a permit to hold classes at Beacons Beach, also said he had concerns about the city’s proposed changes. Encinitas now is considering limiting him to no more than six people in his classes, instead of 12, he said.

Under the city permits, the surf schools can use the beach area for much of the day, but the reality is that there’s only a “small window” when the wave conditions are right to teach classes, Marcher said. That’s typically a two or three-hour period in the mornings, and six students in a two-hour period isn’t going to make for a financially successful business, he said.

Parks commissioners said they too had many questions about the proposed changes and asked to continue it to next month’s meeting. Among other things, they wanted to review the permit application forms to make sure applicants were being fairly treated. They also wanted to know whether the changes would result in fewer students being able to attend the surf school classes. And, they said, they wanted more time for public comment.

“There’s a lot of energy around this,” Commissioner Bridget Kimball said as she asked whether the parks department might consider holding a workshop on the issue.

Encinitas has had a permit system for surf schools since the summer of 2009, a city staff report indicates. This summer it had nine permit holders, the report states. Commercial schools pay the city $5 per student, per day, to have a beach permit. Annual city fee revenue has ranged from $23,000 to $41,000, the staff report states.