Chapter 1.30
DEVELOPER INDEMNIFICATION

Sections:

1.30.010    Purpose.

1.30.020    Definitions.

1.30.030    Indemnity required.

1.30.010 Purpose.

A.    The City presently requires developers and other applicants for permits to develop real property to pay fees to mitigate the fiscal impact of processing applications.

B.    The costs associated with defending a legal action brought by a third party challenging the City’s approval of a permit or entitlement for development should be a cost burden of the real party-in-interest who is the applicant for such development and not the City. (Ord. 1309 § 1 (part), 2002)

1.30.020 Definitions.

A.    “Developer” means any applicant for a permit or entitlement for development.

B.    “Development” means a land use permit or entitlement under this code and shall include determination under the California Environmental Quality Act (CEQA), including but not limited to General Plan or zoning modification, use permit, variance exception, site development, and site design permits, and building permits. The term shall not include a subdivision. (Ord. 1309 § 1 (part), 2002)

1.30.030 Indemnity required.

Any developer issued a permit for development by the City shall, as a condition of such permit, indemnify, defend and hold harmless the City, its officers, employees and agents, from any and all claims and lawsuits from third party(ies) involving or related to the City’s approval of the developer’s application for development. (Ord. 1309 § 1 (part), 2002)