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Balch requested staff review the method of measurement and determine whether it impacts Commissioner Allen's request to have ADUs be 40 feet tall, or the height of the primary structure, whichever was less. Commissioner Brown inquired whether the measurement of the ADU to the peak of the roof was defined in the State guidelines. Ms. Clark responded it was defined in the PMC, not State guidelines. Commissioner Brown further inquired whether the City's requirement to allow 16 feet was in compliance with the State. Ms. Clark clarified as long as the City's standards are is reasonable and consistent, there should not be an issue with the City's proposal, and the State would require a change if it did not think the ordinance complied with the law. Ms. Bonn further explained the method of measuring accessory structures from the ground to the top of the structure was established by a previous Director of Community Development and codified in 2012. Commissioner Brown suggested the standard was acceptable for some accessory structures, but an ADU was supposed to be habitable. Commissioner Pace mentioned the State was likely to continue changing the legislation and it would be beneficial when creating the City's ordinance to adhere as closely as possible to the language the State had outlined to make things easier on staff with future potential changes by the State. Commissioner Balch inquired about the number of deed restricted ADUs built before January 1, 2020. Ms. Bonn responded 22 ADUs were approved in the last five years and the restriction required the owner to live in the primary home or ADU. Chair Ritter asked why: staff speculated that it may have been out of a desire to preserve single family neighborhoods that are principally owner-occupied. Commissioner Balch wondered if PUDs restrict the amount of owners vs rentals in a neighborhood and how that would factor in to ADUS and how it would be tracked. Commissioner Allen asked if the new ordinance allowing 25-percent of the units in multifamily units to have ADUs prevented HOAs from making the restriction lower. Ms. Bonn confirmed. Commissioner Balch expressed his support of letting people with deed restricted ADUs convert to the new rules as there were only 22 and Chair Ritter agreed. Commissioner Allen requested staff ensure there were only 22 ADUs in the City of Pleasanton that had been deed restricted. Discussion Point B: Does the Planning Commission agree with staff's proposed objective standards for second story ADUs? Commissioner O'Connor reiterated his concern about the restrictions on second story windows on ADUs. He did not want the approved ordinance eventually getting kicked back from the State because of window standards. Chair Ritter asked if the State provided specific guidelines regarding windows and Ms. Clark indicated the State regulations did not outline window regulations. 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 between eaves 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 lanning Commission Minutes Page 4 of 9 June 24, 2020 ure. Regarding windows, she confirmed the 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