A. Indemnification Requirements for Land Use Approvals. At the time of submitting an application for a land use approval and as a condition of approval, an applicant requesting a land use approval as herein defined shall agree as a part of the application to defend, indemnify, and hold harmless the city and its agents, officers, council members, commissioners, attorneys, and employees from any claim, action or proceeding brought against the city or its agents, officers, council members, commissioners, or employees to attack, set aside, void or annul a land use approval of the city. The foregoing shall include, without limitation, payment of all damages awarded against the city, if any, costs of suit, attorney’s fees, and other costs and expenses incurred in connection with such action or proceeding.

B. Notification of Claim. 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 of the existence of the claim, action or proceeding and will cooperate fully in the defense of such claim, action or proceeding. 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 attorney’s fees and costs.

C. Definitions. As used herein, “land use approval” shall refer to decisions of the city approving requests of applicants for planning permits including but not limited to general plan amendments, annexations, zone changes, zoning ordinance text amendments, tentative maps, vesting tentative maps, tentative parcel maps, reversions to acreage, final maps, final map modifications or amendments, time extensions, parcel map waivers, lot line adjustments, boundary line adjustments, Williamson Act contract actions, certificates of compliance, conditional certificates of compliance, development agreements, conditional use permits, conditional use permit modifications, conditional use permit extensions, variances, variance modifications, precise development plans, specific plans, sign permits, site plans, temporary use permits, any administrative or discretionary permit pertaining to a land use approval or any accompanying California Environmental Quality Act determinations pertaining to the type of approval referred to in this section, and any other similar approval. (Ord. 706 § 3 (Exh. A), 2019).