Legal Question in Real Estate Law in California

Re: City blocking Development plans that meet Municiple Development Code

The planning commission is generally the decisive authority on these issues (although the city council must still approve). Even if the decision doesn't make sense in light of past developments, the planning commission is generally bestowed with broad discretion to require certain conditions beyond that merely provided for in the general plan, specific plan or city codes. The best way to get what you want is to become innovative, compromise or explain to the planning commission that their decision isn't necessary or that it won't achieve their desired goal. You must be careful in this area. Don't get on their bad side. Hiring a lawyer may be your best bet. The lawyer can approach the decision more objectively and with a cool head.

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Re: City blocking Development plans that meet Municiple Development Code

I think the answer haas to be "maybe." Not every requirement for plan approval can be anticipated by the city council in adopting codes and passing ordinances. Sometimes planning commissions and permit agencies are given discretion, e.g. as to whether safety, public health or aesthetic design standards are met. Elected boards in particular often have more subjective review authority and criteria than they have at the permit window.

Even so, these agencies cannot discriminate such that X and Y, equally situated, get different results. There must be a rational basis for exercise of discretion by government agencies.

You should consult a lawyer who understands the ins and outs of city politics on a local level.