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17.50.070 <br />the covered project has been construct- <br />ed in accordance with the approved <br />green building project checklist. <br />The applicant may also provide: <br />c. Any additional documentation that <br />would be required by the LEEDTM <br />reference guide for LEEDTM certifi- <br />cation, and <br />d. Any additional information the <br />applicant believes is relevant to deter- <br />mining its good faith efforts to comply <br />with this chapter. <br />2. After one year of occupancy, the <br />applicant shall submit to the green <br />building compliance official documen- <br />tation detailing conformance with the <br />operation, efficiency, and conservation <br />related credits from the prepermitting <br />documentation for any covered com- <br />mercial, city sponsored, single-family <br />residential, multi-family residential, or <br />mixed use project, if required by the <br />green building compliance official. The <br />applicant may also provide any addi- <br />tional information the applicant be- <br />lieves is relevant to determining its <br />good faith efforts to comply with this <br />chapter. <br />3. After five (5) years of occupancy, <br />the applicant shall submit to the green <br />building compliance official documen- <br />tation detailing conformance with the <br />operation, efficiency, and conservation <br />related credits from the prepermitting <br />documentation for any covered com- <br />mercial, city sponsored, multi-family <br />residential, or mixed use project, if <br />required by the green building compli- <br />ance official. The applicant may also <br />provide any additional information the <br />applicant believes is relevant to deter- <br />mining its good faith efforts to comply <br />with this chapter. <br />E. Final Determination Of Compli- <br />ance: Prior to issuance of an occupancy <br />permit, the green building compliance <br />official shall review the information <br />submitted by the applicant and deter- <br />mine whether the applicant has <br />achieved the required green building <br />rating, as set forth in section 17.50.040 <br />of this chapter. If the green building <br />compliance official determines that the <br />applicant has not achieved the required <br />green building rating, the green build- <br />ing compliance official shall find as <br />follows: <br />1. Good Faith Effort To Comply: If <br />the green building compliance official <br />determines that the covered project has <br />not met the requirements for the appli- <br />cable green building rating, as set forth <br />in section 17.50.040 of this chapter, he <br />or she shall determine on a case by <br />case basis whether the applicant has <br />made a good faith effort to comply with <br />this chapter. In making this determina- <br />tion, the green building compliance <br />official shall consider the availability of <br />markets for materials to be recycled, <br />the availability of green building mate- <br />rials and technologies, and the docu- <br />mented efforts of the applicant to com- <br />ply with this chapter. The green build- <br />ing compliance official may require <br />additional reasonable green building <br />measures as authorized in subsection <br />E3 of this section to be taken in the <br />operation of the covered project to <br />mitigate the failure to comply fully <br />with this chapter. <br />2. Noncompliance: If the green <br />building compliance official determines <br />that the applicant has not made a good <br />faith effort to comply with this chapter, <br />or if the applicant fails to submit the <br />472-13 (Pleasanton Tune 2006) <br />