My understanding (not legal advice!) is rules that preclude development at a given density would not be enforceable especially if they deviate from e.g. the International Builders Code, unless you could make some case that Davis was uniquely susceptible to fires, which it isn’t.
Like Los Altos Hills could mandate that new apartments be covered in real gold, but they don’t do that.
No, but we have plenty of other policies designed to prevent construction. Like having needlessly complicated and subjective lot coverage rules where simple objective ones would work fine. Or nerfing SB-9. Our town government also extorts conservation easements out of folks in exchange for permits.
I've been struggling for two years just to fix a leaky roof. When my town fails to get an approved Housing Element, I'll probably build condos out of spite. And move to a red state so I have some property rights and better ROI on taxes.
Like Los Altos Hills could mandate that new apartments be covered in real gold, but they don’t do that.