Chapter 25.103 — 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. 2000 § 2, (2021))

"Developer" means any applicant for a permit or entitlement for development.

"Development" means a land use permit or entitlement under the Burlingame Municipal Code and shall include determinations under the California Environmental Quality Act (CEQA); and shall also include, but not be limited to, determinations regarding the General Plan, Specific Plan, Precise Plan, or zoning modification or amendment, use permit, variance, zoning permit, architectural or design review permit, planned unit development permit, planned community permit, modifications to permits, sign permit, building permit, subdivision and parcel maps, condominium permits, and all other discretionary permits processed by the City. (Ord. 2000 § 2, (2021))

Any developer who applies for a permit or other approval for development from the City shall, as a condition of such application and process, indemnify, defend (with counsel of City's choosing), and hold harmless the City, its officers, employees, agents, and public officials, and the Pooled Liability Assurance Network Joint Powers Authority (PLAN JPA) 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.

(Ord. 2000 § 2, (2021))

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City of Burlingame, CA