In a surprise move, Marina Planning Commission changes its tune on The Dunes food development.

In just two months, the game has changed in Marina. 

On May 28, the Marina Planning Commission voted 4-2 and 5-1 to approve two different measures to allow Monterey-based developer Scott Negri's proposed food project at The Dunes to move forward. 

Tonight, at the request of city staff and with the consent of Negri, the Planning Commission—plus two new members, Kathy Biala and Adam Urrutia, and minus previous commissioner Eugene Doherty—were asked to approve nearly the exact same motions as May 28, but with slightly different language: redesignate Negri's property from "multiple use" to "retail/service." 

It was a minor adjustment, and in the city's mind, made it so future "multiple use" developers wouldn't be tempted to ask for the same concessions Negri requested, which for the most part came down to density. 

Negri's proposal called for a density of 0.13 "floor area ratio," or FAR, which is a measure of floor space as a percentage of the parcel's footprint. The city's general plan for multiple use pins the acceptable range at 0.25-3.0 FAR. 

Tonight's vote, like the votes May 28, called for an amendment to the city's general plan. 

But things have somehow since changed, and in a near complete reversal from its last meeting, the commission voted 5-2 (Ken Turgen, Virgil Piper) to deny the resolution, which asked for a redesignation and a one-time softening of the general plan to allow for less density.

The question that faced the commission was complicated: Despite the city's general plan, they sold the property of the project site to Marina Community Partners (MCP) in 2005. In turn, MCP went into a contract with several big box stores, and in some of their leases, there are restrictions as to what can be developed—and how—on Negri's property. 

Best Buy's lease has strict viewshed restrictions, and Target has strict parking restrictions on Negri's property. 

In public comment, when asked what he'd do if the city required him to increase his density, Negri's words came quick. 

"I would not proceed," Negri said. "I'm not going up against Target or Best Buy. I'd have no leg to stand on."

But most of the public comment, fairly robust for a Marina Planning Commission meeting, spoke out against the development on the grounds of its auto-centric design.

One of the commenters was Marina Coast Water District board member Jan Shriner, who spoke as a resident, and referred to an economic impact report she helped with in 2005 that found the The Dunes project would bring 2,700 permanent jobs and a boost of $193 million in payroll. She questioned whether reduced density would achieve that. 

"These were things that were sold to us, and if this changes that, then it’s not what we bought," she said. 

Of the planning commissioners, Margaret Davis was the most vocal opponent of approving the resolution. (She was also the sole voice of total dissent in the May 28 approval.)

"I understand there are restrictions," Davis said, referring the lease constraints Negri is bound to because of deals struck by MCP without the city's knowledge. "But the city of Marina will be stuck with this development forever."

A majority of the commission agreed, and the second item on the agenda—changing the language of the May 28 decision to align with a new a resolution—became moot, and after some confusion as to whether it could be voted on, it was continued to the next City Council meeting. 

The Planning Commission attempted to rescind the approvals made May 28, and despite a handful of motions to that effect, city staff and Mayor Bruce Delgado, who was in attendance, questioned whether it was legally possible given that more than one meeting had since passed. 

It seems the Planning Commission's prior approval—which changed the city's general plan to allow for less density in "multiple use" designations—will now head to the city council. Tonight's vote would have only changed the language of that approval. 

When asked what's next for Negri's project, Marina City Manager Layne Long was vague. 

"I need to talk with the applicant first and see what they want to do," he wrote in an email. 

*Correction—8/5/15 9am: A previous version of this story indicated in its headline that the Planning Commission reversed its approval of the project. Though the commission did change its tune on the project, voting 5-2 to reject it as proposed, it remains unclear to the commissioners and this reporter if the project's prior approval means it will still head to City Council.

Update—8/5/15 9:15am: Marina planner Justin Meek confirms the project will still head to City Council for approval with the general plan amendment the Planning Commission recommened May 28.

"I know of no mechanism in which they can rescind their prior decision," he says.

Meek cannot yet confirm if it will head to City Council Aug. 18.