Following the adoption of a General Plan in 1990 which described the City’s policies for land use, circulation, community facilities and environmental resources management, the City approved a policy plan that included the Lagoon Valley area.  No significant development occurred in the Valley, and in 2002 a developer acquired options to purchase a substantial portion of the Valley and prepared a development plan. In 2004, the City adopted a specific plan proposed by the developer, certified an environmental impact report and approved amendments to the General Plan to implement the proposal. Following initiation of a lawsuit, the City rescinded its approval of the 2004 plan and adopted a new plan. A revised plan was submitted by the developer and approved by the City in 2005, including a 40% density bonus, leading to the current litigation.  Appellants argued that the project was inconsistent with both the General Plan and the Policy Plan based on traffic concerns and increased residential development, and that the density bonus was higher than allowed by statute.  

The Court held that the project is consistent with the overall General Plan, Policy Plan and the State’s Density Bonus statutes. The court said that the General Plan (including the Plan map) is to serve as a guide for zoning and zoning regulations and that while development must be consistent with the plan, it need not be identical to it. The Court further stated that the Policy Plan allows for flexibility and requires interpretation by staff and decision makers. The court said that City did not abuse its discretion in concluding that the payment of traffic impact fees was a reasonable mitigation program consistent with the traffic provisions in the General Plan.  With respect to the density bonus statute, the Court held that language in the governing statute (and its legislative history) specifically afforded the City discretion to award a density bonus higher than the 35% allowed by statute.   

Friends of Lagoon Valley v. City of Vacaville, 2007 WL 24200093 (Cal. App. 1. Dist. 8/28/2007).