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 § 65867.5 (2026)

Development Agreements

✓ current as of May 2026
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(a)A development agreement is a legislative act that shall be approved by ordinance and is subject to referendum.

(b)A development agreement shall not be approved unless the legislative body finds that the provisions of the agreement are consistent with the general plan and any applicable specific plan.

(c)A development agreement that includes a subdivision, as defined in Section 66473.7, shall not be approved unless the agreement provides that any tentative map prepared for the subdivision will comply with Section 66473.7.

(d)Notwithstanding Section 65803, this section shall also apply to a charter city.

Notes of Decisions
Cited in 13 cases, 1990–2018 · 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, § 65867.5, subd. (a).) Because the development agreement is approved by ordinance, it is subject to referendum, which allows the electorate to overturn approval of the agreement.”
San Francisco Tomorrow v. City & Cnty. of San Francisco, 229 Cal. App. 4th 498 (Cal. Ct. App. 2014). · cites it 2× “(Gov. Code, § 65867.5, subd. (a) [“A development agreement is a legislative act that shall be approved by ordinance and is subject to referendum.”
Citizens for Amending Proposition v. City of Pomona, 239 Cal. Rptr. 3d 750 (Cal. Ct. App. 5th 2018). “) Indeed, Government Code section 65867.5, subdivision (a) provides, "A development agreement is a legislative act that shall be approved by ordinance and is subject to referendum.”
Rialto Citizens for Responsible Growth v. City of Rialto, 208 Cal. App. 4th 899 (Cal. Ct. App. 2012). “(Gov. Code, § 65867.5, subd. (a).) As such, it qualifies as an approval.”
Braude v. City of Los Angeles, 226 Cal. App. 3d 83 (Cal. Ct. App. 1990). · cites it 2× “(Gov. Code, § 65867.5.) Braude contends he should have standing to challenge the mayor’s alleged illegal approval of the project—despite the decision in Carsten—because the may- or is an entity separate and distinct from the city council with different duties.”
Midway Orchards v. Cnty. of Butte, 220 Cal. App. 3d 765 (Cal. Ct. App. 1990). “) 18 Government Code section 65867.5 provides in pertinent part: “A development agreement shall not be approved unless the legislative body finds that the provisions of the agreement are consistent with the general plan and any applicable specific plan.”
San Bruno Comm. for Econ. Just. v. City of San Bruno, 223 Cal. Rptr. 3d 250 (Cal. Ct. App. 5th 2017). “…approving a development agreement. Development agreements are legislative acts that are subject to referendum. (Gov. Code, § 65867.5.)”
216 Sutter Bay Assocs. v. Cnty. of Sutter, 58 Cal. App. 4th 860 (Cal. Ct. App. 1997). “(Gov. Code, §§ 65867.5 [a development agreement must be approved by ordinance], 25123 [a development agreement ordinance becomes effective 30 days from date of final passage].”
Verone v. City of West Hollywood CA2/5 (Cal. Ct. App. 2015). · cites it 3× “(Gov. Code, § 65867.5, subd. (a); Neighbors in Support of Appropriate Land Use v.”
San Francisco Tomorrow v. City & Cnty. of S.F. (Cal. Ct. App. 2014). · cites it 2× “(Gov. Code, § 65867.5, subd. (a) [“A development agreement is a legislative act that shall be approved by ordinance and is subject to referendum”]; see generally, Arnel Development Co.”
San Francisco Tomorrow v. City & Cnty. of S.F. (Cal. Ct. App. 2014). · cites it 2× “(Gov. Code, § 65867.5, subd. (a) [“A development agreement is a legislative act that shall be approved by ordinance and is subject to referendum”]; see generally, Arnel Development Co.”
San Bruno Comm. for Econ. Just. v. City of San Bruno (Cal. Ct. App. 2017). “(Gov. Code, § 65867.5.) 14 _________________________ Dondero, J.”
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