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be used. I-Ie doubted there were unusual circumstances about this lot that would justify a variance. Mr. Mendez thought the staff report indicated that if the occupancy changed, then additional fees would have to be paid. Mr. Swirl explained that in some of the in-lieu agreements which have deferred payments, there has been a provision that the number of parking spaces required would be determined at the time the actual dollars asked for. Ifa building originally designed as an office were to become a restaurant, the owner would have to pay more in-lien fees because the use would require more parking than an office. The current Municipal Code does not require payment of any in-lieu fee or construction of off-site parking spaces for a change of use. That was the primary issue on the Spring Street project and why there was a disagreement as to how to calculate the number of parking spaces on the lot. The Railroad Avenue property was also a change of use, which did not trigger a requirement for providing off-street parking. Adding new square footage or units, as proposed by Mr. Mendez, does require off-street parking or an in-lien fee. Mr. Mendez asked if he left his property as is with nothing added in the back, would he be in compliance? Mr. Swift said if there were no new square footage, then there would be no requirement for additional parking. If square footage is added to the office, then off-street parking would be required for the additional square footage portion of the office. Ms. Dennis stated the issue under consideration is the possibility that the in-lieu fee would not have to be paid now, because the application was in process while the Specific Plan was also being considered. Mr. Mendez felt it would be beneficial if the City could develop some kind of plan to allow other small business owners like himself to upgrade their properties without having to be penalized. Ms. Ayala said if the transportation corridor is used for a parking lot, the City will have to pay for it and that is why those who are enhancing their properties are being asked to pay a fee. Ms. Michelotti stated that under the current ordinance it appears that additional space means additional parking spaces are required. The only issue at hand is whether to pay the fees now or later. It was moved by Mr. Campbell, seconded by Ms. Michelotti, to approve the deferral of payment of the in-lieu fees until the City is ready to construct parking, with fees payable immediately if the property changed hands before the demand was made by the City for the funds. Pleasanton City Council 24 Minutes 03/05/02