New Santa Cruz Ordinance Limits Surf Schools

If a successful compromise means that both sides walk out equally unhappy, then the Santa Cruz City Council crushed it Tuesday night when it unanimously passed an ordinance limiting the number of students who can take surf lessons at Cowell's Beach.

Both sides said they were unhappy but would try to live with the ordinance.

Surf school operators complained that the limit of only 32 surfers in the water at one time would cut their business, while so-called "lifestyle" surfers—in plain English, that would be locals who like to surf—complained that there were still too many students in the water for them to enjoy themselves.

In a public hearing, the City Council heard from both groups and rode the waves to a compromise.

"I guess we'll have to try and live with it," said Dylan Greiner, who has owned the Santa Cruz Surf School for 14 years and taught thousands of locals and tourists to surf.

The waves will be limited to only four year-long schools, down from seven now. UC Santa Cruz will get an exception, because it only gives lessons from October to June.

The ordinance cuts down the number of surfers allowed in the water at one time from 36 to 32. Surf schools wanted more; local surfers wanted 20 or less.

"Families are being pushed out of the water," said Jane McKenzie, a longtime surfer who said that 32 students were still too many. She was backed by a man named Michael, who said that his children were "bummed out when they saw a whole sea of jerseys" in the water at Cowell's.

Surf students are required to wear jerseys.

In recent history, the waves in Santa Cruz have been the focus of what on land would be called turf wars. There have been battles between locals and out-of-towners from places such as San Jose at Pleasure Point over who should have prioritiy on bigger, more challenging waves.

Now, the battle has spread to the more gentle waves at Cowell's Beach, to the right of the Municipal Pier and by the Dream Inn. It's an ideal place to learn to surf, because the waves are more even, and at low tides, the surf is free of rocks.

In 2006, as the beach's popularity grew and locals felt squeezed for space by the schools, the city passed an ordinance requiring schools to have permits and limiting the number of schools.

It drew fire from the likes of attorney David Meyberg, who spoke to the council Tuesday and said that such limitations violated access to the beach for everyone, something enforced by the California Coastal Commission.

Santa Cruz City Attorney John Barisone argued that the city had a right to limit access to the waves under its obligations to health and safety.

The city had a suggested limit of 36 students in the water at one time, and fielded many complaints from the schools against each other, claiming they were in violation.

The city staff has been working on a solution since last summer, but four months ago, it began drafting a new ordinance, with the help of a commission made up of surfers, school owners and city representatives.

While members couldn't reach total agreement, "the majority agreed on most of it," said Parks and Recreation supervisor Carol Scurich.

The new rules mean that the surf schools must work together to ensure that no more than the limit of students are in the water at once.  If it can't be worked out, each program will be limited to only eight students at a time.

Surf schools won't be allowed to hit the water until 7 a.m., leaving time for residents to surf without seeing amateurs in vests. However, some residents said they wanted evening hours as well.

The schools will have to pay $1,000 for a permit, up from $500 in 2007 and $750 this year, to pay for enforcing the new ordinance, Scurich said.

The ordinance only applies to schools that charge students. Those who teach for free are exempt.

Schools that violate the ordinance can lose their permit after three citations.

Council members said they knew the compromise wasn't perfect.

"People recognize we have to start somewhere," said Lynn Robinson. "Whether surf schools are on the beach or not, Cowell's will be crowded."

Council member and surfer Hillary Bryant said this was the last thing she expected.

"If you asked me a year ago, this is the last thing I thought I'd regulate when I ran for city council, surfing."