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DRAFT Ms. Harryman clarified that this would not be setting a precedent if it is applied only to the Staples Ranch project rather than to something general. She noted that this is considered on a case-by-case basis, such as the assisted living facility on the corner of Sunol Boulevard and Case Avenue which the City Council did not count as housing units under the cap. She noted that she did not know the rational behind the Council's decision or the housing types but that while there is parking, there are no garages. Ms. Stern noted that most of the units have kitchens, and the rational was that the rent not only includes a place to live but other types of services such as congregate services, congregate meals even if they have their own place to cook, taxi services, personal health, and other services as well. Commissioner Blank stated that the larger issue is what the Commission should do to encourage affordable housing and TOD as the City approaches the housing cap. He indicated that he would to trade the 240 units for affordable housing and TOD even if it meant going 240 units over the housing cap. Ms. Stern stated that staff has received sufficient direction at this point to provide some input to the City Council regarding what the Commission feels about the issue of applying some units toward affordable housing and TOD. Commissioner Pearce stated that she was interested in making Hacienda Business Park viable in whatever way possible as this is important for sustainability and the health of the City. Commissioner Blank concurred and stated that if the units are not given to Hacienda, they should be affordable housing units. Commissioner Narum agreed but noted that she would not want to exempt these units from the housing cap if they turn around and build big houses. She added that she would like a balance and recognition that some units will affect infrastructure and should not be exempt from the cap. Commissioner O'Connor stated that it would be difficult to recommend how many units should be taken away from the project and moved to TOD if there is no plan on what the project is. Ms. Stern clarified that the Commission is trying to get a general sense right now rather than calculating a number. Chairperson Fox stated that she would like to see more data on what kind of infrastructure services each of the dwelling types uses before she can form an opinion about this matter. She indicated, however, that she is supportive of TOD in general but not of exempting all TOD from the housing cap. Commissioner Blank congratulated staff on a great job. DRAFT EXCERPTS: PLANNING COMMISSION MINUTES July 1 1, 2007Page 23 of 24