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Ranch units. He added that this is a unique circumstance and not precedent-setting, for the sake of the Land Use Element, recommending to the City Council that whatever number of units without garages be exempt from the housing cap if used for affordable housing or TOD. Commissioner O’Connor commented that this is dangerous territory of garages versus open parking and Senior apartments without garages. He expressed concern about not having the final proposal for Staples Ranch. He indicated that he has no problem with giving the leftover units that are not apartments for TOD but would not like to set a precedent should the project come up with 240 two-bedroom units. 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 PLANNING COMMISSION MINUTES July 25, 2007 Page 28 of 35