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7.B. - Page 32 �Chapter fi33, Statufes of 2007(SB 2J^- housing need met by the jurisdiction shall be caiculated consist�nfly with the forms and definitions tha# may be adapted by the Dapartment of Housing an� Community Development pursuant to Section 654(30. In the case of an emer enc sh�iter the �urisdiction shall ha�e mef or exceeded �he need for emerqenc�shelter, as fdentified pursuant ta para�rapE� (_7�o� subdivision (a) of Section 65583. Any disapproval or conditional appro�al pu�suan# to this paragraph shafl be in accordance with applicable iaw, rule, or standards. (2) The de�elapment project or emerqencv shelter as proposed would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or a�oid the specific adverse impact without rendering t�e development unaffardable to low- and maderate-income households or renderinq the development of the emerqencv shelter financia[Iv infeasible. As used in this paragraph, a "specifc, adverse impact" means a significanf, q�antifiable, direct, and unavaidable impact, based on objective, identified written public health ar safety standards, policies, or conditions as they existed on the date the applicatio� was deemed complete. inconsistency with the zoning ordinance or general plan land use designation shall nat canstitute a specific, adverse impact upon the public health or safety. (3) The denial of the project or imposit�on of conditions is required in order to comp[y with specific state or federal law, and there is no feasible method to comply without rendering the develapment unaf�ordable ta �ow- and moderateincome households or rerrderir�g the development af the emergency shelter financ_ially_infeasible. (4} The de�elaprnent project or emerqency shelter is proposed on Iand zoned for agricu�ture or resource preservation that is surroUnded on at least two sides by Eand being used for agricultural or resource preser�ation purpases, or which does not ha�e adequate water or wastewater facilities to serve the project. (5) The devefopment project or emerqency shefter is incansistent with both the jurisdiction's zoning ordinance and general plan fand use designation as specified in any element of the general pEan as it existed on the date the applicatian was deemed complete, and the jurisdiction has adopted a re�ised ho�sing element �n accardance with Section 65588 that is in substantial compliance witt� fhis article. {A) Th�s paragraph cannot be utilized fo disappra�� or condit�anafly appra�e a housing de�elopment prnject if the de�elopment project is proposed on a site that is identified as suitable or a�ailable for�ery low, low-, ar moderate-incame hauseholds in the jurfsd�ction's E�ousing element, and consis#ent with the density specified in the hausing element, ever� thaugh it is �nconsistent witF� both the jurisdict�on's zoning ordinance and general plan land use designation. (B} If the local ager�cy has failed ta identify in the in�entory of land in its housing element sites that can be developed for housing within the plan�ing period and that are sufficient to provide for the�urisdiction's share of the regional housing need for all incame le�els pursuant to Section 65584, then #his paragraph shall nat be utilized to disapprove or conditionally approve a housing development project proposed for a site designated in any element of the general plan for residential uses or designate� in any element af the general plan for commercia! uses if residentia! uses are perrnitted or conditionally permitted within commerciai desigr�ations. In any action in court, the burden of praof shall be on the local agency to shaw that its housing element does identify adeq�aate sites with appropriate zoning and deveiopment standarc�s and with services and �acilities to accommodate the local agency's share of the regional housing need for fihe very low and low-income ca��garies. 5tate Departmenfi of Housing -25- May 2008 and Cammunity Devefopment