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Staff is suggesting that the City Council may wish to re-visit this direction and reconsider whether any of the proposed CLC units, if approved, should count towards the housing cap since assisted living projects have not been considered as residential in the past. Moreover, these 240 units could be made available to other projects to increase their viability and to meet City goals such as providing affordable housing and mixed use development. Hacienda representatives have expressed an interest in developing their proposed Transit Oriented Development (TOD) Specific Plan with more units than their preliminary "allocation" of 333 units and have indicated that the potential availability of more units, including the Staples Ranch allocation and the additional "double counted units," would send a positive message to their stakeholders and would expedite their efforts in finalizing their Specific Plan. There is interest on the part of several Hacienda property owners to bring development proposals to the City, and staff and Hacienda representatives believe that it would be best if the various proposals were considered under the umbrella of the Specific Plan. The Planning Commission discussed this issue when it reviewed the Draft Land Use Element. Three of the five Planning Commissioners present believed that fewer than 240 units associated with the Staples Ranch development should be counted towards the cap (suggesting that only the duet units be counted) if the units were developed elsewhere as affordable housing or in transit oriented development (TOD) projects. They also suggested that these additional units, as well as the approximately 300 units which were "found" as a result of data base consolidation, be assigned to Hacienda since a majority of the Commissioners support a viable TOD project in that location. If the City Council has an interest in modifying its direction regarding the Staples Ranch units counted under the cap, and in providing direction on the use of the additional "found" units, it should so recommend, and staff can prepare revised language for the Draft Land Use Element. New Land Use Designations: Two new land use designations are proposed as part of the Draft Land Use Element: Mixed Use: This land use allows any combination of business park, office, retail, research and development, community facilities, and residential uses in a single building or on a single site, where the uses are integrated and designed as a cohesive project. Higher density residential uses (30 units per acre or more) are encouraged adjacent to BART stations and other areas near transit. The Mixed Use designation is proposed to be applied to the parcel adjacent to the new BART station at Stoneridge Mall Road, and to Hacienda (except for the existing residential areas of the park which will retain their residential designation). The number and location of residential units would be determined by PUD zoning or by a Specific Plan. As noted above, the actual number of units under the General Plan can vary from the calculated "holding capacity" if future projects are approved at less than the Page 4 of 10