Chapter 1.18 — DEFENSE AND INDEMNIFICATION REQUIREMENTS

The purpose of this chapter is to provide greater certainty to the city and to applicants for discretionary land use approvals concerning how legal challenges to such projects shall be addressed. Acknowledging that applicants are the parties primarily interested in and benefiting from development approvals sought from the city, and recognizing that legal challenges may result in significant potential public agency expenses even in the event of meritless actions to attack or set aside such approvals, this chapter is intended to require the applicants for discretionary land use approvals to assume the primary responsibility for any such challenges.

(Ord. 682 § 1 (part), 1999)

As used in this chapter the following words and phrases are used and defined as follows:

"City" means the city council of the city of Anderson, the planning commission, the planning department, the public works department, and all advisory agencies, appeals boards, officers, agents and employees of the city of Anderson.

"Discretionary land use approval" means any decision of the city approving a request of an applicant for a general plan amendment, rezoning, tentative map, vesting tentative map, parcel map, final map, final map modification or amendment, time extension, boundary line adjustment, certificate of compliance, conditional use permit, use permit modification, use permit extension, variance or variance modification, administrative permit, design review approval or any other land use or public works entitlement requiring the city's exercise of judgment in the imposition of or a decision not to impose conditions of approval, and any accompanying California Environmental Quality Act (CEQA) or National Environmental Policy Act (NEPA) determination pertaining to any such approval.

(Ord. 682 § 1 (part), 1999)

A.

At the time of submitting an application for a discretionary land use approval, and as a condition of approval, all applicants requesting such an approval shall agree, as a part of the required application process to defend, indemnify and hold harmless the city from any claim, action or proceeding brought to attack, set aside, void or annul any subsequent approval by the city which is brought within the applicable statute of limitations. A provision requiring such defense and indemnification shall also be included in all development agreements entered into between the city and developers of land use projects. This defense and indemnification requirement shall apply whether or not the city itself has exercised either passive or active negligence on its own part relative to any aspect of the project including the approval thereof. The indemnification shall include damages awarded against the city, costs of suit, attorneys' fees, expert witness fees and other costs and expenses incurred in connection with any such claim, action or proceeding.

B.

In the event that a claim, action or proceeding referenced in subsection (A) of this section is brought, the city shall promptly notify the applicant thereof. Nothing set forth in this section shall prohibit the city from participating in the defense of any claim, action or proceeding if the city elects to bear its own attorneys' fees and costs and defends the action in good faith.

(Ord. 682 § 1 (part), 1999)