Title
ORDINANCE NO. 3349 OF THE CITY OF CHULA VISTA AMENDING CHAPTER 19.02 OF THE CHULA VISTA MUNICIPAL CODE BY ADDING SECTION 19.02.060 RELATED TO INDEMNITY PROVISIONS FOR CITY ISSUED PERMITS (SECOND READING AND ADOPTION)
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RECOMMENDED ACTION
Recommended Action
Council adopt the ordinance.
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SUMMARY
As a condition of permit issuance, the City requires applicants to defend, indemnify and hold the City harmless from risks associated with the issuance of such permits and actions associated therewith. This ordinance will codify this practice.
ENVIRONMENTAL REVIEW
The Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the proposed action is not a "Project" as defined under Section 15378(a) of the State CEQA Guidelines because the activity has no potential for resulting in a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.
BOARD/COMMISSION RECOMMENDATION
Not Applicable
DISCUSSION
The California Constitution in article XI, ?7, authorizes a "county or city may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws." This authority is termed "police power." Land development and use is a traditional subject for the exercise of police power by a city. One aspect of land development is the issuance of permits to land owners and developers. In the issuance of permits, a city incurs certain direct costs, such as those for processing and inspection, and the law permits the city to require applicants and property owners to reimburse the city for these costs. There are also indirect costs that a city may incur, such as those associated with challenges to the issuance of the permit or actions of an applicant or property owner associated therewith. Through indemnity provisions, the city may require ...
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