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 § 65865.2 (2026)

Development Agreements

✓ current as of May 2026
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A development agreement shall specify the duration of the agreement, the permitted uses of the property, the density or intensity of use, the maximum height and size of proposed buildings, and provisions for reservation or dedication of land for public purposes. The development agreement may include conditions, terms, restrictions, and requirements for subsequent discretionary actions, provided that such conditions, terms, restrictions, and requirements for subsequent discretionary actions shall not prevent development of the land for the uses and to the density or intensity of development set forth in the agreement. The agreement may provide that construction shall be commenced within a specified time and that the project or any phase thereof be completed within a specified time.

The agreement may also include terms and conditions relating to applicant financing of necessary public facilities and subsequent reimbursement over time.

Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 1997–2022 · leading case: Hermosa Beach Stop Oil Coalition v. City of Hermosa Beach, 103 Cal. Rptr. 2d 447 (Cal. Ct. App. 2001).
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Hermosa Beach Stop Oil Coalition v. City of Hermosa Beach, 103 Cal. Rptr. 2d 447 (Cal. Ct. App. 2001). “” (Gov. Code, § 65865.2.) The agreement, in effect, “allows ‘a builder to acquire by contract the equivalent of a vested right at an early stage of the project.”
Citizens to Enforce CEQA v. City of Rohnert Park, 33 Cal. Rptr. 3d 208 (Cal. Ct. App. 2005). · cites it 2× “5 Government Code section 65865.2 identifies the necessary terms in a development agreement, including duration, permitted uses, density of development, size of buildings and dedication of land for public purposes.”
Citizens for Responsible Gov't v. City of Albany, 56 Cal. App. 4th 1199 (Cal. Ct. App. 1997). “” (Gov. Code, § 65865.2.) In view of the vested rights that it confers on Ladbroke, it seems clear that the development agreement qualifies as a “project” subject to the provisions of CEQA.”
World Wide Rush, LLC v. City of Los Angeles, 563 F. Supp. 2d 1132 (C.D. Cal. 2008). “Plaintiffs argue that California Government Code section 65865.”
World Wide Rush, LLC v. City of Los Angeles, 579 F. Supp. 2d 1311 (C.D. Cal. 2008). “Plaintiffs argue that California Government Code section 65865.”
Mitracos v. City of Tracy, No. C093383 (Cal. Ct. App. May 16, 2022). “” Government Code section 65865.2 provides in relevant part: “A development agreement shall specify the duration of the agreement, the permitted uses of the property, the density or intensity of use, the maximum height and size of proposed buildings, and provisions for…”
Save Tara v. City of West Hollywood, 54 Cal. Rptr. 3d 856 (Cal. Ct. App. 2007). “The development agreement may include conditions, terms, restrictions, and requirements for subsequent discretionary actions, provided that such conditions, terms, restrictions, and requirements for subsequent discretionary actions shall not prevent development of the land for…”
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