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7.B. - Page 35 . �Chapter fi33, Statutes of 2D07(SB 2)-� {1} The housing de�elapm�nt project woufd have a specific, adverse impact upon the pubiic health or safety unless the project is disappra�ed or approved upon the condition that the praject be developed at a lawer der�sity. As used in this paragraph, a "specific, adverse impact" means a significant, quantifiable, d�rect, and unavaidabie impact, based on objective, identified writfen public health or safety standards, policies, or condit�ons as they existed on the date the ap�lication was deemed complete. {2) There is no feasible method to satisfactorily mitigate or a�oid the ad�erse impact identified pursuant to paragraph {1), other than the disapproval of fhe housing de�elopment project or the appra�al ofi the project upon fhe condition that it be de�eloped at a lower density. (k) The applicant or any person who would be eligible to apply for residency in the development or emerqencv �helter may bring an action to enforce this section. if in any action brought to enforce the pravisions of this section, a cour� finds that tF�e local agency disapproved a pro��ct or concfitianed its approval in a manner rendering it infeasible for the development of an emerqency si�elter or housing for very low, low-, or moderate-income households including farmworker �tousing, without making the findings required by this section or without making sufficient findings s�pported by substanfial e�idence, the caurt shall issue an order or judgmant compefling compliance with this section within 60 days, including, but not [imited to, an arder that t�e local agency take action on the developmenf project or emerqencv sf�elter. The court shalf r�tain jurisdiction to ensure that its order ar judgment is carried out and shall award reasonabfe a#torney's fEes and costs of suit to the plaintiff or petitianer who proposed fhe housing de�elopment or emer�er�cv shelter, except under extraordinary circumstances in which the court finds that awardi�g fe�s would not fur�her the purposes of this section. If the caurt determines that its order or judgment has not been carried out within 60 days, the court may issue further orders as provided by [aw to ensure thaf khe purposes and policies of this section are ful�lled, including, but not limited to, an order to �acate the decision of the lacal agency, in which case ti�e application for the project, as constituted at the time the Iocal ag�ncy took the initial action determined to be in �iolation of this section, along with any standard canditions determined by the court ta be generafly impased by the local agency on similar �arojects, shal! be deemed approved unless the applicant consents to a dif#erent decisian ar actian by the loca! agency. (I) If the court finds tf�at the lacal ag�ncy (1) acted in bad faith when it disappraved or conditianally approved the housing develapment or emer enc shelter in violatian of this section and (2} tailed to carry out the court's order ar judgment within 60 days as descri�ed in n°r��n subdi�ision (k), the court in addition to any other remedies pro�ided by this section, may impose fir�es upon the Iacal agency that the local agency shall be required ta depasit inta a hausing trust fund. Fines shall not be pai� fram funds that are already dedicated for affordable housing, including, but not limited to, redevelopmen� ar [ow- and maderate-income hausing funds and federal HOME and CDBG funds. The local agency shall commit the money in the trust fund withiR fi�e years for ti�e sole purpose of financing newly constructed housing units affordable �o extremely low, �ery low, or low-income househalds. For purposes af this section, "bad faifh" shall mean an action that is frivalous or otherwis� entirely withaut merit. (m) Any action brought to enforce the pro�isians of this section si�all be braught pursuant to Section 1094.5 of t�e Code af Civil Procedure, and the local agency shall prepare and certify the record of proceedings in accordance with subdi�isian (c) of Section 1094.6 of the Cade of Civil Procedure no later tha� 30 days after the petition is served, provide� that the cost af Sta#e Department of Housing -28- May 20U8 and Community Development