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Municipal Code would probably require in -lieu fees on that as well: "No on -site parking facility shall be reduced in capacity or in area without sufficient additional capacity or additional area being provided to comply with the regulations of this chapter." She stated that it is a little easier than thinking off - street, and she sees that as being the two parking spaces in the property as being made up for by in -lieu fees. Commission O'Connor inquired what section of the Municipal Code refers to the other three spaces. Ms. Harryman replied that the other section is Section 18.88.020. She stated that staff came about those two spaces as not being required because they were looking at that language. She continued that the basic thought of this, if it were not in Downtown, is that they are putting in three new homes, and they would have parking in the garage and in the driveway. She added that enlargement of the structure or change of use in the existing structure would also prompt additional parking. She noted, however, that Subsection D of Section 18.88.020 provides that "For property zoned C -C or O and located within the Downtown Revitalization District ... the following requirements shall modify the basic requirements of Subsection A of this section: a change of use shall not constitute a 'major alteration' or `enlargement' if the age of the building in which the use is located is greater than five years...." She stated that, again, she and staff are in agreement that five spaces is the maximum, and the Commission has some discretion on those. She added that staff walked through that in the staff report. Commissioner O'Connor pointed out that Subsection D and the subsequent section do not say that in the Downtown, no in -lieu fees would be charged for those three spaces as long as the building is older than five years. Chair Allen stated that this point of interpretation is where she had some concern, and people are reading it in different ways. She noted that it is vague, and this would say that if the zoning were followed, no one would ever be charged between five and seven. She added that if the coffee shop has a demand for four spaces and currently has two, the traditional Code does not allow to add two more. Mr. Beaudin stated that there are a lot of different pieces of the Code that go in different directions, and the Code is silent on some of the issues being addressed here today. He indicated that it is a unique circumstance to take a property that is zoned one way, peel off a piece and maintain that zoning, and then turn the entire site into a PUD. He explained how he reached the maximum of five: there are three spaces coming off the street; there are two on -site and the fact that there is language in the Zoning Code that a change of use shall not constitute a major alteration or enlargement, but this goes beyond a change of use because the property is being rezoned to a PUD. He added that he does not go all the way with the PUD to seven spaces because there is this language in here that does create a gray area. Commissioner O'Connor stated that he hears this all the time about it being a PUD so the rules can be re- written; but if there is a need for extra parking or charging extra fees, it is in a rezoning so it is fine to ask for what is really needed. He indicated that the way he looks at this is that if a nice, big, two -story office building were built there instead of those three houses, the developer would have to supply a certain number of parking PLANNING COMMISSION MINUTES, November 18, 2015 Page 21 of 34