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additions) require approval via Administrative Design Review, which entails a notice to surrounding neighbors and allows for their comment and review, and, if requested by a neighbor or appealed, involve a public hearing. In the Administrative Design Review process, the City considers the overriding objectives of state law to facilitate (not preclude) ADUs, while at the same time factoring in considerations such as height, setbacks, lot coverage, and potential impacts to neighbors. When, upon receiving project notification, neighbors raise concerns, staff try to facilitate a compromise to address concerns (e.g., adjustments to window location or screening to address privacy concerns). The Zoning Administrator typically reviews and approves Administrative Design Review applications, and if filed, an appeal of the Zoning Administrator's decision is referred to the Planning Commission for consideration. The new state law, however, requires ministerial approval of ADUs and prevents local jurisdictions from imposing standards that would disallow an ADU of at least 800 square feet, up to 16 feet in height, and with 4-foot side and rear setbacks (Minimum ADU Standards). Therefore, the City may not require Administrative Design Review for these ADUs, or refer them to the Zoning Administrator, Planning Commission, or City Council. Further, although the state law is not explicit on this point, staff believes it would also be problematic to require discretionary review, even for ADUs that exceed the Minimum ADU Standards. Instead, where a second-story ADU is proposed, staff proposes that the ordinance include a series of objective standards that would be applicable to second-story ADUs in both single-family and multifamily development, and to ADUs proposed above a detached garage. These standards will meet the intent of state law while also ensuring that new ADUs will mitigate potential impacts to neighbors. (i) Proposed Objective Standards for Second Story ADUs The following objective standards would apply to accessory dwelling units proposed on a second story of an existing primary residential unit, multifamily development, or detached garage, and are proposed to include: 1 . An accessory dwelling unit proposed as a second-story addition to a main structure must meet setback, height, floor-area-ratio, building separation and other development standards applicable to the main structure for the zoning district within which the accessory dwelling unit is proposed. 2. An accessory dwelling unit constructed above a detached garage must meet the standards identified in Section 18.106.045. 3. The accessory dwelling unit must be designed such that operable windows or windows required for emergency egress face away from the neighboring property(ies) that share property lines with the subject property when proposed on a lot with a single-family residence, and must face the existing multifamily dwellings when proposed on a lot with a multifamily development. Facades of the accessory dwelling unit that face neighboring properties with shared property lines may only have clerestory windows (i.e. with a window sill height at least 6 feet above finished floor). If strict application of the preceding requirements would not allow the unit to meet Building or Fire Code requirements for egress or ventilation and the windows facing neighboring properties that share property lines with the subject property are proposed where the sill height is P20-0412, Accessory Dwelling Units Planning Commission 11 of 13 3 y zoning districts include the RM and MU districts. The Central-Commercial (C-C) District also allows multifamily dwellings and thus in accordance with the new state law, must now also allow ADUs; JADUs would be allowed in existing single-family dwellings. P20-0412, Accessory Dwelling Units Planning Commission 3 of 13