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Figure 2: Height Measurement Midpoint f1 Height Height Height Measurement, Principal Structures Height Measurement, Accessory Structures (Not proposed to change) (Not proposed to change) Nonetheless, recognizing the intent of the Planning Commission's comments, to ensure that ADUs remain compatible in height with existing primary structures, staff proposes to limit the maximum height for ADUs above detached garages in the C-C District, to a maximum height of 25 feet. This height limit is consistent with the existing height limit for ADUs above detached garages in the R-1 (One-family residential) and R-M (Multi-family residential) districts, and consistent with the height limit for ADUs above detached garages proposed for the MU (Mixed- use) District. This approach would allow for uniformity across zoning districts that also include a mix of one- and two-story buildings today, and would continue to allow flexibility, for example, to build an ADU over a garage and retain on-site parking. Combined with the height methodology, a 25-foot height limit (instead of a 40-foot height limit) is expected to result in ADUs above garages in the C-C District that are consistent with massing and scale more typically seen in residential neighborhoods. Owner Occupancy Requirement and Deed Restrictions As mentioned in the agenda report for the June 24 meeting, the City's current regulations require that the owner of a property with an ADU occupy either the primary residence or the ADU. New state laws remove the City's ability to enforce this provision for ADUs that are approved between January 1, 2020 to January 1, 2025. The Planning Commission requested staff provide background information on deed restrictions and owner-occupancy requirements. Generally, Chapter 18.106 of the PMC, which provides regulations related to ADUs, has been modified intermittently to comply with state law and to provide more flexibility when warranted. As a notable example, the City modified the PMC to indicate that both the primary residence and the ADU could be rented to a single party in 2018. Staff estimates that deed restrictions became common practice for ADUs in the mid-1990s and were made a requirement in the P20-0412, Accessory Dwelling Units Planning Commission 5 of 9 Dwelling Units Planning Commission 4 of 9 s of spaces. B. Does the Planning Commission agree with staff's proposed objective standards for second story ADUs? The Planning Commission indicated that the objective standards for upper windows in two- story ADUs were too restrictive as proposed and directed staff to draft more flexible standards that would 1) Account for existing windows and 2) Allow more flexibility on placement and size of new windows. One Commissioner also commented that a provision for decorative balconies should be added to the standards. P20-0412, Accessory Dwelling Units Planning Commission 2 of 9 egulations. She explained staff decided on these standards, in the absence of being able to conduct design review, because they were the most common points of contention between neighbors. Commissioner O'Connor suggested looking at each unit individually instead of applying blanket standards. Planning Commission Minutes Page 6 of 9 June 24, 2020 and ridges and ADUs measured from the ground to the top of the structure. Commissioner Planning Commission Minutes Page 5 of 9 June 24, 2020 ing Commission Minutes Page 4 of 9 June 24, 2020 e windows would have to be six feet above the finished floor or have obscured glass. Ms. Clark further noted, it might be reasonable to develop exceptions for existing windows to allow for those windows to be the same size, shape, and height. Planning Commission Minutes Page 3 of 9 June 24, 2020