Another lease violation and the City punts, again

The San Diego City Attorney continues to stonewall any attempt gather information or answer questions about the presence of a commercial youth training facility on the northeast corner of the sports fields Surf Cup Sports leases from the City. In January 2025 black chain-link fencing was erected around a small field of artificial turf anchored by a large, electrified shipping container filled with gym equipment, audio speakers, and ice baths. By March adults and young boys and girls were enrolled in strength and conditioning programs under the auspices of Performance Lab. No permits were filed for or approved for this business on City land.

Nearly a year after the facility was installed and operating, Nick Baldwin, a program manager in the City’s real estate division offered this explanation: “Surf has requested consent to use the small fenced in area for small group training for a joint venture Surf is doing with another entity. The City is evaluating that request but no decision has been made at this time.”

The most recent response from the City to a request for information about the Performance Lab facility

Surf Cup Sports and/or Performance Lab could face significant liability issues for allowing an unpermitted gym to train minors, as the operation likely violates multiple regulations designed for public safety, especially regarding children. One would also think liabilities could arise from liability claims, inadequate supervision, lack of necessary insurance coverage, and failure to enforce municipal codes.

Further, an unpermitted facility on City property likely has not undergone the necessary inspections to ensure compliance with local zoning laws and codes. The City’s awareness and failure to act on these violations could expose it to liability if injuries result from these issues.

The City of San Diego has specific ordinances requiring permits for commercial recreational activities to ensure public safety and access. By knowingly allowing an unpermitted operation to continue, the City once again has failed in its duty to enforce its own regulations.