Cal. Codes » Government Code / TITLE 7. PLANNING AND LAND USE / DIVISION 1. PLANNING AND ZONING / CHAPTER 4. Zoning Regulations / ARTICLE 2.5. Development Agreements
California Codes

Cal. Government Code § 65864 (2026)

Development Agreements

✓ leginfo export of Sept. 26, 2026 (applied Oct. 1, 2026)
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The Legislature finds and declares that:

(a)The lack of certainty in the approval of development projects can result in a waste of resources, escalate the cost of housing and other development to the consumer, and discourage investment in and commitment to comprehensive planning which would make maximum efficient utilization of resources at the least economic cost to the public.

(b)Assurance to the applicant for a development project that upon approval of the project, the applicant may proceed with the project in accordance with existing policies, rules and regulations, and subject to conditions of approval, will strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic costs of development.

(c)The lack of public facilities, including, but not limited to, streets, sewerage, transportation, drinking water, school, and utility facilities, is a serious impediment to the development of new housing. Whenever possible, applicants and local governments may include provisions in agreements whereby applicants are reimbursed over time for financing public facilities.

Notes of Decisions
Cited in 18 cases (5 in the last 5 years), 1992–2026 · leading case: Mammoth Lakes Land Acquisition, LLC v. Town of Mammoth Lakes, 191 Cal. App. 4th 435 (Cal. Ct. App. 2010).
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Mammoth Lakes Land Acquisition, LLC v. Town of Mammoth Lakes, 191 Cal. App. 4th 435 (Cal. Ct. App. 2010). · cites it 3× “” (Gov. Code, § 65864, subd. (a).) The Legislature recognized that the newly authorized development agreements would provide benefits for both municipality and developer.”
Save Tara v. City of West Hollywood, 194 P.3d 344 (Cal. 2008). “” (Gov. Code, § 65864, subd. (b); see Citizens for Responsible Government, supra, 56 Cal.”
Nat'l Parks & Conservation Ass'n v. Cnty. of Riverside, 42 Cal. App. 4th 1505 (Cal. Ct. App. 1996). · cites it 2× “” In the article authorizing such development agreements, Government Code section 65864, subdivision (b) states as a purpose of the statutory scheme that the public planning process will be strengthened and private participation in comprehensive planning and cost reduction will…”
Ctr. for Cmty. Action & Envtl. Just. v. City of Moreno Valley, 26 Cal. App. 5th 689 (Cal. Ct. App. 2018). “1 The Center for Community Action and Environmental Justice and other environmental groups (Appellants) 2 petitioned for a writ of mandate, contending that adoption of a development agreement by initiative violated the development agreement statute ( Gov. Code § 65864, et seq. )…”
Consaul v. City of San Diego, 6 Cal. App. 4th 1781 (Cal. Ct. App. 1992). · cites it 2× “), or a development agreement (Gov. Code, § 65864 et seq.), not to create a special exemption for rights actually established by the IDO itself.”
Santa Margarita Area Residents Together v. San Luis Obispo Cnty. Bd. of Supervisors, 84 Cal. App. 4th 221 (Cal. Ct. App. 2000). “1 (Gov. Code, § 65864 et seq.) All further statutory references are to the Government Code unless otherwise stated.”
Citizens for Responsible Gov't v. City of Albany, 56 Cal. App. 4th 1199 (Cal. Ct. App. 1997). “(Gov. Code, § 65864, subd. (b).) As provided by Government Code section 65865.”
216 Sutter Bay Assocs. v. Cnty. of Sutter, 58 Cal. App. 4th 860 (Cal. Ct. App. 1997). “[Gov. Code, §§ 65864, 65865.4, 65866; see Manaster & Selmi, 4 Cal.”
Obot v. City of Oakland, No. 18-16105 (9th Cir. May 26, 2020). · cites it 3× “” Cal. Gov. Code § 65864 (b). In other words, governmental regulations are frozen in recognition that a private party is investing substantial resources for the development project.”
FC Pier 70 v. City & Cnty. of San Francisco, No. A164411 (Cal. Ct. App. Feb. 2, 2023). · cites it 3× “The Development Agreement Statute (Gov. Code, § 65864 et seq.) allows local governments to enter into valid agreements that freeze land use regulation so that a developer will not be affected by changes in such standards during the period of development.”
City of Santa Monica v. Sung, No. B336881 (Cal. Ct. App. Mar. 10, 2026). · cites it 2× “The Deed Restriction was recorded against the Dorchester property in 1988 by its developer in accordance with a Development Agreement with the City and related development agreement laws (Gov. Code, § 65864 et seq.).1 At a bifurcated bench trial, the lower court interpreted the…”
Ctr. for Cmty. Action etc. v. City of Moreno Valley, No. D073451 (Cal. Ct. App. Aug. 23, 2018). “1 The Center for Community Action and Environmental Justice and other environmental groups (Appellants)2 petitioned for a writ of mandate, contending that adoption of a development agreement by initiative violated the development agreement statute (Gov. Code § 65864, et seq.)3…”
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