San Bruno Municipal Code Ch. 1.35 Developer Indemnification

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. 1793 § 1, 2011; Ord. 1866 § 2, 2018)

"Developer"

means any applicant for a permit or entitlement for development.

"Development"

means a land use permit or entitlement under the San Bruno Municipal 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. 1793 § 1, 2011; Ord. 1866 § 2, 2018)

Any developer who applies for a permit for development by the city shall, as a condition of such application and process, indemnify, defend, and hold harmless the city, its officers, employees and agents, from any and all claims and lawsuits from third party(s) involving or related to the city's consideration and/or approval of the developer's application for development, and shall reimburse the city for all costs and fees associated with the city's responses to Public Records Act requests related to the application.

(Ord. 1793 § 1, 2011; Ord. 1866 § 2, 2018)