Sierra Club v. County of Napa

In Sierra Club v. County of Napa (2004) 121 Cal.App.4th 1490, the appellate court upheld the county's approval of a project, despite the fact it would be inconsistent with a wetlands protection element in the applicable specific plan. "A project is consistent with a county's general plan (and any specific plan adopted to further the objectives of the general plan) '"'if, considering all its aspects, it will further the objectives and policies of the general plan and not obstruct their attainment.'" A given project need not be in perfect conformity with each and every general plan policy. . To be consistent, a project must be "compatible with" the objectives, policies, general land uses and programs specified in the general plan. .' . In reviewing an agency's decision for consistency with its own plan, 'we accord great deference to the agency's determination. This is because the body which adopted the general plan policies in its legislative capacity has unique competence to interpret those polices when applying them in its adjudicatory capacity. . Because policies in a general plan reflect a range of competing interests, the governmental agency must be allowed to weigh and balance the plan's policies when applying them, and it has broad discretion to construe its policies in light of the plan's purposes. A reviewing court's role "is simply to decide whether the city officials considered the applicable policies and the extent to which the proposed project conforms with those policies." .' . . . . . . . General and specific plans attempt to balance a range of competing interests. It follows that it is nearly, if not absolutely, impossible for a project to be in perfect conformity with each and every policy set forth in the applicable plan. An agency, therefore, has the discretion to approve a plan even though the plan is not consistent with all of a specific plan's policies. It is enough that the proposed project will be compatible with the objectives, policies, general land uses and programs specified in the applicable plan. ." (Id. at pp. 1509-1511.)