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17.50.070 fees incorporation of the design and con- struction related credits from the preper- mitting documentation for the covered project; and b) a letter from the project architect or project contractor that certi- fies that the building has been constructed in accordance with the approved green building project checklist. The applicant may also provide: a) any additional doc- umentation that would be required by the LEEDTM reference guide for LEEDTM certification, and b) any additional infor- mation the applicant believes is relevant to determining its good faith efforts to comply with this chapter. 2. After One Year Of Occupancy Of Any Covered Project: After one year of occupancy of any covered project, the applicant, property owner, or building tenant shall submit to the green building compliance official documentation detail- ing confonmance with the operation, effi- ciency, and conservation related credits from the prepermitting documentation for the covered project. The applicant may also provide: a) any additional documen- tation that would be required by the LEEDTM reference guide for LEEDTM certification, and b) any additional infor- mation the applicant believes is relevant to determining its good faith efforts to comply with this chapter. 3. After Five Years Of Occupancy Of Any Covered Project: If required by the green building compliance official, after five (5) years of occupancy of any cov- ered project, the applicant, property own- er, or building tenant shall submit to the green building compliance official docu- mentation that details conformance with the operation, efficiency, and conservation related credits approved with the preper- mitting documentation for the covered project. The applicant may also provide any additional information the applicant believes is relevant to determining its good faith efforts to comply with this chapter. D. Final Determination Of Compliance: Prior to issuance of an occupancy permit, the green building compliance official shall review the information submitted by the applicant and determine whether the applicant has achieved the required LEEDTM rating, as set forth in section 17.50.040 of this chapter. If the green building compliance official determines that the applicant has not achieved the required LEEDTM rating, the green build- ing compliance official shall find as fol- lows: 1. Good Faith Effort To Comply: If the green building compliance official de- termines that the covered project has not met the requirements for the applicable LEEDTM rating, as set forth in section 17.50.040 of this chapter, he or she shall determine on a case by case basis whether the applicant has made a good faith effort to comply with this chapter. In making this determination, the green building compliance official shall consider the availability of markets for materials to be recycled, the availability of green building materials and technologies, and the docu- mented efforts of the applicant to comply with this chapter. The green building compliance official may require additional reasonable green building measures as authorized in subsection D3 of this sec- tion to be taken in the operation of the covered project to mitigate the failure to 472-11 (Pleasanton April 2003)