2010 JANUARY - Laserfiche WebLink

493 17.50.090 C. Meeting with Green Building Compliance Official. The green building compliance official shall review the in- formation supplied by the applicant, may request additional information from the applicant, and may meet with the applicant to discuss the request. D. Granting of Exemption. If the green building compliance official determines that it is a hardship or infeasible for the applicant to meet fully the requirements of this chapter based on the information provided, the green building compliance official shall determine the maximum feasible number of credits reasonably achievable for the cov- ered project and shall indicate this number on the prepermitting documentation submitted by the applicant. The green building compliance official shall return a copy of the prepermitting documentation to the applicant marked "approved with exemption." The green building compliance official shall provide a copy of the approved prepermitting documentation (narked "approved with exemption" at the hearing on the design review or planned unit development design review and shall notify the building and safety division that the prepermitting documen- tation has been approved. If an exemption is granted, the applicant shall be required to comply with this chapter in all other respects and shall be required to achieve, in accordance with this chapter, the number of credits de- termined to be achievable by the green building compliance official. if an exemption is granted, the planning commission and the city council shall be notified of the action. Any member of the planning commission or city council may appeal the determination to grant or deny an exemption. E. Denial of Exemption. If the green building compliance official determines that it is possible for the applicant to fully meet the requirements of this chapter, he or she shall so notify the applicant in writing. The applicant may resubmit the prepermitting documentation in full compliance with Sections 17.50.050 and 17.50.060 of this chap- ter. If the applicant does not resubmit the prepermitting documentation, or if the resubmitted prepermitting documentation does not comply with Sections 17.50.050 and 17.50.060 of this chapter, the green building com- pliance official shall deny the prepermitting documentation in accordance with Section 17.50.060(B) of this chap- ter. (Ord. 1934 § 1, 2006) 17.50.090 Appeal. A. Any applicant or person may appeal the determination of the green building compliance official regarding: (I) the granting or denial of an exemption pursuant to Section 17.50.080 of this chapter; (2) compliance with this chapter pursuant to Section 17.50.070 of this chapter; or (3) the type or scope of mitigation measures required for non- compliance pursuant to Section 17.50.070(E)(3) of this chapter. B. Appeals must he filed in writing with the city manager within 15 days of the determination by the green building compliance official. The appeal shall state the alleged error or reason for the appeal. In reviewing the appeal, the city manager may request additional written or oral information from the applicant or the green building compli- ance official. The city manager shall issue a written determination within 15 days of the receipt of the appeal. C. The determination by the city manager may be appealed to the city council by filing a written appeal with the city clerk within 15 days of the written determination by the city manager. The city council shall hold a public hearing regarding the appeal within 40 days of the date when the appeal was filed. (Ord. 1934 § 1, 2006) 17.50.100 Enforcement. A. Violation of any provision of this chapter due to the applicant's failure to build the covered project in accordance with the covered project's plans, including the prepermitting documentation and the conditions of approval in the applicable permit, shall be punishable as provided in Chapter 1.28 of this code. 13. Where the applicant has violated any provision of this chapter due to the applicant's failure to build the covered project in accordance with the project's plans, including the prepermitting documentation and the conditions of approval in the applicable permit, the green building compliance official may require mitigation as set forth in Section 17.50.070(E)(3) of this chapter. C. Enforcement pursuant to this section shall be undertaken by the city through its community development director or the city attorney. D. These remedies are cumulative and the choice of one by the city shall not preclude pursuing the others. (Ord. 2000 § I, 2009; Ord. 1934 § 1, 2006) (Pleasanton Supp_ No 3, 1 -10)