806.050 Revocation — San Joaquin County Municipal Code

802.130(d)

Legislative Actions

Development Chapter 9-814 D BOS 2 None Yes B, C, D, E F Section 9- Agreements Ordinance 814.050

General Plan Chapter 9-807 PC BOS 2 None Yes B, C, D, E A, F Section 9- Amendments Resolution 807.060

Development Title Chapter 9-808 PC BOS None Yes B, C, D, E A, F Section 9- and Zoning Map Ordinance 808.050 Amendments

Master Plans Chapter 9-300 PC BOS None Yes B, C, D, E A, F Section 9- Ordinance 300.070

Planned Chapter 9-302 PC BOS None Yes B, C, D, E A, F Section 9- Development Zone Ordinance 302.060

Specific Plans Chapter 9-302 PC BOS None Yes B, C, D, E A, F Section 9- 9- Ordinance 302.070

Key: BOS = Board of Supervisors D = Community Development Director PC = Planning Commission ZA = Zoning Administrator Notes: 1. All appeals require a public hearing with required notice Types A, C, D, and E and optional notice Type F. 2. Major modifications to permits must be processed the same as the original permit, pursuant to subsection 9-802.120(B) (Major Modifications). 3. Administrative Use Permits may be referred by the Zoning Administrator to the Planning Commission for decision, in which case they are processed as Conditional Use Permits. 4. Notice Types are described in Section 9-802.070.

(Ord. No. 4632, § 25, 9-26-2023)

9-802.180 - INDEMNIFICATION OF COUNTY FOR LAND USE APPROVALS

(a)

Purpose and findings.

(1)

The Board of Supervisors finds that applications for any land use project for which a discretionary permit is required pursuant to the Development Title may require environmental review by the County pursuant to the California Environmental Quality Act ("CEQA").

(2)

Substantial County time and effort are expended in complying with CEQA's requirements and other legal requirements before approving such projects.

(3)

Judicial challenges to the County's approvals of such projects are costly and time consuming. Challengers often seek an award of attorneys' fees in such challenges. As applicants are the primary beneficiaries of project approval, the Board of Supervisors finds that applicants should bear the expense of defending the

project approval against any such judicial challenge, including but not limited to damages, costs, expenses, attorneys' fees, and expert witness costs that may be asserted by any person or entity against the County, private attorney general fees claimed by or awarded to any party against the County, and the County's costs incurred in preparing an administrative record which are not paid by the petitioner.

(b)

Indemnification agreement.

(1)

As part of the application process for a land use project, and as a condition of the County processing and deeming such an application complete, the applicant shall sign the indemnification statement agreeing to indemnify, defend (with counsel reasonably approved by County), and hold harmless the County and its officers, officials, employees, agents, boards and commissions (collectively "County") as follows:

(A)

Indemnity: The applicant shall indemnify the County:

(i)

From and against any and all claims, demands, actions, proceedings, lawsuits, losses, damages, judgments and/or liabilities arising out of, related to, or in connection with the application and applied for project or to attack, set aside, void, or annul, in whole or in part, an approval of the applied for project by the County, the adoption of environmental review documents related to the applied for project, and any related development approvals or project conditions for the applied for project (hereinafter in this Chapter referred to as "Claim");

(ii)

For any and all costs and expenses incurred by the County on account of any Claim, except where such indemnification is prohibited by law, including but not limited to damages, costs, expenses, attorney's fees, or expert witness costs that may be asserted by any person or entity, private attorney general fees claimed by or awarded to any party against the County, and the County's costs incurred in preparing an administrative record which are not paid by the petitioner.

(iii)

For all of County's costs, fees, and damages incurred in enforcing the indemnification agreement.

(iv)

Except as to the County's sole negligence or willful misconduct.

(B)

Defense:

(i)

The County may participate or direct the defense of any Claim. The County's actions in defense of any claim shall not relieve the applicant of any obligation to indemnify, defend, and hold harmless the County.

(ii)

In the event of a disagreement between County and the applicant regarding defense of any Claim, the County shall have the authority to control the litigation and make litigation decisions, including, but not limited to, the manner in which the defense is conducted.

(iii)

If the County reasonably determines that having common counsel presents such counsel with a conflict of interest, or if the applicant fails to promptly assume the defense of any Claim or to promptly employ counsel reasonably satisfactory to the County, then County may utilize the Office of the County Counsel or employ separate outside counsel to represent or defend the County, and the applicant shall pay the reasonable attorneys' fees and costs of such counsel.

(2)

The agreement shall be on a form approved by the Director, and shall contain the following provisions in regards to the County:

(A)

The County shall promptly notify the applicant of any Claim and if the applicant is not promptly notified, the applicant shall not thereafter be responsible to defend, indemnify, or hold harmless the county;

(B)

The County shall cooperate fully in the defense of the Claim, and if the County fails to do so, the applicant shall not thereafter be responsible to defend, indemnify, or hold harmless the County; and

(C)

The County shall not require the applicant to pay or perform any settlement unless the settlement is approved by the applicant.

(c)

Indemnification requirement is applicable even if applicant fails or refuses to sign the indemnification statement agreeing to indemnify, defend, and hold the County harmless.

Even if the applicant for a land use project refuses to sign the indemnification statement agreeing to indemnify, defend (with counsel reasonably approved by County), and hold harmless the County and its officers, officials, employees, agents, boards, and commissions, the applicant, or the owner of the subject property if different from the applicant, shall:

(1)

Defend, indemnify, and hold harmless the County from any Claim brought against the county to attack, set aside, void, or annul the County's decision to approve the land use project.

(A)

This indemnification shall include any and all costs and expenses incurred by the County on account of any Claim, except where such indemnification is prohibited by law, including but not limited to damages, costs, expenses, attorney's fees, or expert witness costs that may be asserted by any person or entity, private attorney general fees claimed by or awarded to any party against the County, and the County's costs incurred in preparing an administrative record which are not paid by the petitioner.

(2)

Defend, indemnify, and hold harmless the County for all costs incurred in additional investigation of or study of, or for supplementing, preparing, redrafting, revising, or amending any document (such as a negative declaration, Environmental Impact Report, specific plan, or general plan amendment), if made necessary by such a challenge and if applicant desires to pursue securing such approvals, after initiation of such claim, action or proceeding, which are conditioned on the approval of such documents; and

(3)

Indemnify the County for all of the County's costs, fees, attorneys' fees, and damages which the County incurs in enforcing the indemnification provisions set forth in this section.

(d)

Indemnification—Payment on demand.

The applicant shall pay to the County upon demand any amount owed to the County pursuant to the indemnification requirements prescribed in this chapter.