With the concurrence of the planning director, the building official may issue a building permit prior to the approval of all discretionary permits required by this title, subject to all of the following conditions and criteria:
A. The applicant for the building permit shall have completed and submitted an application for all discretionary permits required by this title for the development authorized by the building permit;
B. The development authorized by the building permit is to replace, rebuild, or reconstruct a structure or building destroyed or made inoperable due to a natural disaster such as a flood, earthquake, or other soil or geologic movement; fire; or the occurrence of a riot, accident or sabotage;
C. A demonstrated urgency exists to replace, rebuild, or reconstruct the structure or building involving a clear and imminent danger demanding immediate action to prevent or mitigate loss or damage to life, health, or property; or the threat of loss of services for which there is an overriding public concern;
D. The completed application filed for all discretionary permits required by this title qualifies as an emergency or other exempt project under the State CEQA Guidelines promulgated in Title 14, California Code of Regulations, section 15000 et seq.; and
E. The applicant files a letter with the planning director, executed before a notary public, indicating that the applicant understands that:
1. The structure or building shall be removed by the applicant all discretionary permits required by this title are not approved;
2. The issuance of a building permit in advance of approval of all discretionary permits required by this title does not vest in the applicant or successor to the applicant, any right to continue construction or use of the structure or building, if all discretionary permits required by this title are not approved by the appropriate authority;
3. If the city is required to remove the structure or building due to the applicant's refusal or inability to do so, the applicant shall pay reasonable costs, including attorneys' fees and administrative expenses, incurred by the city in removing or contracting to remove the structure or building; and
4. A cash deposit or bond shall be required, in an amount to be determined by the planning director, sufficient to pay the costs of the removal of the structure or building, including reasonable attorneys' fees and administrative expenses; said deposit or bond to be held, or to remain in force, until released by the director. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)