Roads & Infrastructure

Substantial Conformance Review (SCR) Q&A

Why have a number of projects in Torrey Hills been approved by a Substantial Conformance Review process instead of the City Council?
The City Council approved the Sorrento Hills Park Trade Project and the Torrey Reserve Heights project in 1994. These permits specified a "Substantial Conformance Review" process as the mechanism for city staff to apply the transfer of projected automobile trips ("average daily trips" or "ADTs") that was also included in the original permits. The SCR mechanism set out specific criteria, which if met, required staff approval. The development agreement did not allow for any additional hearings by the City Council. In 1997 the City Council approved the Torrey Hills project, which included the same ADT transfer and SCR mechanisms as the 1994 agreements. The criteria approved by the City Council is specified in Torrey Hills permit 95-0554 as Condition #27.

Why doesn't the City Council act on these developments?
The City Council took action on developments in Torrey Hills in 1994 and 1997 as explained above, that assigned all further decision making to the city staff. The Substantial Conformance Review Process, approved by the Council in 1994 and 1997, is a ministerial process administered by city staff and is not subject to a public hearing or environmental review.

Why can't the City Council just ignore the past approvals and take up these developments?
Development agreements that are approved by the City Council are binding contracts. To ignore or try to circumvent development agreements that were lawfully formed would open the City up to significant legal liability. The City Attorney has said that the City Council has no mechanism to review these projects, since they were approved by a previous City Council in 1994 and 1997. And, most significant with respect to the two biotech proposals, the Superior Court agreed with the City Attorney.

Can't Councilman Peters order staff to not approve these SCRs?
Councilman Peters has asked the City Manger, repeatedly, to not approve the SCRs in Torrey Hills. The City Manager has responded that Councilman Peters and the City Council have no authority over these matters because the previous City Council approved the SCR mechanism in 1994 and 1997. The City of San Diego operates under a City Manager form of government. The Charter of the City of San Diego makes it illegal for a City Councilmember to unilaterally direct the City Manager to act in a certain way. Because the City Manager has determined that the SCR process approved by the City Council in 1994 and 1997 is binding on the City of San Diego, the City Council no longer has authority over the process and authority rests with the City Manager.

What is Councilman Peters doing about the SCR process?
In April of 2002, Councilman Peters requested review by the City Council's Land Use & Housing Committee of the SCR process. The Council Committee is reviewing how to better allow for community input when prior development permits allow SCR processes. Councilman Peters is also working to make sure that SCRs only pertain to minor changes in projects and not major changes that affect land uses in the area.