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Commissioner Ritter stated that this is getting too complicated and asked what currently exists and what is being proposed. He requested confirmation that the applicants are asking to reduce two spaces less than what they currently have and, therefore, are paying in -lieu parking fee for the two spaces they are giving up on their lot space. Mr. Weinstein replied that the applicants initially were not proposing any payment of in -lieu fees, and what they are doing is getting rid of two on -site spaces and three on- street spaces. He reiterated that the Code requirements for payment of in -lieu fees for on -site spaces are unclear, but that is an interpretation that could be made; and there are no Code requirements for the payment of in -lieu fees for the removal of on- street parking spaces. He indicated that what staff is proposing as part of the Conditions of Approval is payment of in -lieu parking fees just for the three spaces on the street. He added, however, that it would be a valid and reasonable interpretation of the policy should the Commission decide that in -lieu parking fees should also be paid for the two on -site spaces as well. Commissioner Ritter inquired how many more spaces are being lost because of this development. Chair Allen said there are two spaces. She added that in addition to the five, that would be a total of seven. Mr. Weinstein corrected that only two on -site and three on- street parking spaces are being removed. Mr. Nagler stated that this is what he was trying to drive at because he thinks Chair Allen is double- counting spaces. He indicated that in the end, it appears to him that there are five parking spaces that are at issue. Commissioner Ritter agreed. Chair Allen stated that she is comfortable going with five spaces but that she still came up with seven spaces. She noted that in looking at the model for a commercial building or coffee shop that goes in there, the model will say there will be four cars that would need to be parked somewhere on the street or in the area to visit the coffee shop, which means that there are four spots that are going to go away on the street, and another three spots will also be lost for residential for the driveways, which gives a total of seven parking spaces. Commissioner Nagler stated that Chair Allen does not seem to be considering the spaces that are there and unaffected by this development. Commissioner Balch stated that his problem with this is that this is not applied consistently to any Downtown business. He noted that when the Commission considered the plaza area at the former Pastime Pool property and the double -story restaurant at the former Union Jack site, the Commission did not look at how many users there would be for those restaurants or how many parking would be needed for those patrons. PLANNING COMMISSION MINUTES, November 18, 2015 Page 19 of 34