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DRAFT have a certain residential designation but have not gone through the approval process, and, therefore, have no approved land use plan or building permits associated with them. She noted that there are parcels along Foothill Road as well as infill parcels in the Downtown area and around town that fall within this category. She continued that "Remaining Units to be Planned" refers to lands that are now zoned other than residential that could potentially accommodate some additional units, such as the commercially- zoned property by the West BART Station area on which some residential units could be built. Chairperson Fox referred to the numbers under "Potential Future Units - No Approvals," 1,685 vs. 2,007 and noted Ms. Stern's statement that this resulted from some developments that were under the midpoint. She inquired what these developments that are significantly under the midpoint are and if this also resulted from rezoning residential areas to Commercial and Office. Ms. Stern replied that this is not due to rezoning of parcels from Residential to Commercial or Office. She noted that during the data consolidation process, staff discovered that there had been double-counting of some developments that were identified by property names in one data base and by development names in another, thus resulting in a total number of residential units less than anticipated. She pointed out another example in the Oak Grove development, which was designated under the General Plan and the Housing Element as having 98 units but is now being proposed for only 51 units. She explained that the eventual project being lower than midpoint is the cause for the variation in numbers. In response to Chairperson Fox's inquiry if the Busch Property project falls within this category, Ms. Stern said yes. Ms. Stern then continued that another issue related to residential numbers is assisted living units, which, in past practice, have not been counted against the housing cap. She noted that at a Joint City Council-Planning Commission workshop on the Staples Ranch project, a determination was made that a portion of those units should be counted towards the housing cap, based on the proportional impacts they would have on infrastructure. She indicated that the Staples Ranch proposal consists of a variety of units that include independent living units and duets, but the vast majority of the units are less-independent living units. She added that the City Council and/or the Planning Commission would have to decide if they want to revisit the item with respect to shifting the 240 units from Staples Ranch to the Hacienda transit-oriented development (TOD), which would provide some affordable housing opportunities and make the project more viable. In response to Commissioner Blank's inquiring if the Planning Commission had the ability to recommend to the City Council that TOD units not be counted towards the cap, Ms. Stern said yes. DRAFT EXCERPTS: PLANNING COMMISSION MINUTES July 11, 2007Page 2 of 24