Chapter 2 — DEFENSE AND INDEMNIFICATION FOR LAND USE

On a case by case basis, where significant risk to the County is identified in connection with the processing of a discretionary land use development project, the Board of Supervisors may require a defense and indemnification agreement from the project owner and/or applicant. The agreement shall be in a form approved by the Board of Supervisors.

(Added by Ord. No. 9517 (N.S.), effective 1-3-03)

If the Board of Supervisors decides to require a defense and indemnification agreement from the project owner and/or applicant, the defense and indemnification agreement shall contain provisions and be in a standard form approved by the Board. On a case-by-case basis, the Board of Supervisors may determine to require security from the project owner and/or applicant. A determination to require security shall only be made by the Board of Supervisors, and shall not be made by any other decision maker. If the Board requires security, it shall establish the form and amount of the security, as well as the time the security is to be provided to the County. The Director of Planning and Development Services shall be authorized to execute the defense and indemnification agreement for the County of San Diego.

(Added by Ord. No. 9517 (N.S.), effective 1-3-03; amended by Ord. No. 10224 (N.S.), effective 10-25-12)

Each applicant for a discretionary land use development project ("Project"), to the extent the applicant is at fault in causing liability to the County, shall indemnify the County, its agents, officers and employees (collectively "County Parties") from any claim, action, liability or proceeding against the County Parties to attack, set aside, void or annul the Project or any of the proceedings, acts or determinations taken, done or made as a result of County's processing and/or approval of the Project, as specified below. Each applicant's obligation to indemnify shall apply to any lawsuit or challenge against the County Parties alleging failure to comply with the California Environmental Quality Act or compliance with the requirements of any other federal, state, or local laws, including but not limited to general plan and zoning requirements. This indemnification requirement shall be included in the application form provided to all Project applicants.

Each applicant's obligation to indemnify the County Parties shall include, but not be limited to, payment of all court costs and attorneys' fees, costs of any judgments or awards against the County, damages, and/or settlement costs, which arise out of County's processing and/or approval of the Project, except that an applicant shall only be responsible for indemnifying the County Parties in the amount of liability which is equal to the proportion of fault caused by the applicant, as determined by a court. Where any court action results in a ruling for the plaintiff/petitioner, the applicant and the County shall request a determination on the percentage contribution of fault from the court which adjudicated the underlying challenge to the Project.

Notwithstanding this section, when a defense and indemnification agreement is required for a Project under Section 86.201 of this Code, the provisions of the defense and indemnification agreement shall apply to the Project owner and/or applicant and not the provisions of this section.

(Added by Ord. No. 9517 (N.S.), effective 1-3-03)