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It is the Building Department's interpretation that if something is totally rebuilt, the new Building Codes would apply. Ms. Dennis asked how far beyond the 25% was the Winters building expanded. Mr. Swirl said the useable floor space doubled. The basement space in the old house was not habitable under the Building Code. By rebuilding the foundation and raising the building, the basement became new, habitable space. There was 102 square feet of brand new space. Essentially, this was a one story building with a basement area. It is now two stories of habitable space. Staff calculated additional space as 1,200 square feet requiring four parking spaces and two parking spaces for the original house. Three spaces are provided on site leaving an in lieu parking agreement for three spaces. That is not how the Winters interpret their requirements. They come up with two spaces, but want to get credit for making three spaces open to the public. Ms. Dennis asked if the City was requiring the Winters to meet the commercial Building Codes. Ms. Swift said they will have to modify the building to meet the commercial building requirements if they continue to use it as a commercial building. That would occur whether this was a remodel or new construction. Mr. MacDonald indicated there are only a few things that are still required to be done. They have met with the Building Depa~hnent to find out what is necessary to comply with the Building Code. Ms. Ayala said the fact is this is a commercial building that does not meet the parking requirements on a street that is very narrow. Mr. Swirl said it does not meet the current off-street parking requirements. Ms. Ayala also clarified that there is no plan as yet for a parking lot that could use these in-lieu fees. She has never thought the in-lieu fees made sense. She suggested converting the Winters' building back to residential. Ms. Dennis thought that was being a little harsh. She believed the staffrecommendation was fair. Ms. Michelotti said this property is zoned residential/commercial and they have the right to use it as commercial. If they had lived in it for one day or lied about residential occupancy before conversion, they would not have had to pay any in lieu fees. Ms. Ayala had a legal question and requested a short break. There was a break at 10:15 pm. The meeting reconvened at 10:20 p.m. Pleasanton City Council 21 09/18/01 Minutes