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Commissioner Balch expressed his opinion that HOAs would continue to enforce their rules until they were directly challenged. Chair Ritter mentioned the State law regarding deed restrictions being void and unenforceable and the Commission would need to consider how to develop appropriate language. Commissioner Balch also expressed concern with the way the ordinance was worded, and potential for future modifications in five years. Commissioner Balch asked for further clarification regarding where the language surrounding the conversion of amenities was developed. Ms. Clark explained that the State law listed, non-exhaustively, specific spaces that could be converted into ADUs and the City wanted to list some spaces that would be protected, in the interests of maintaining the livability of these projects. Commissioner Brown reiterated his desire to allow under-utilized amenities to be converted, spaces controlled by an HOA and needing agreeance from the residents for conversion. Ms. Clark summarized the consensus of the Commission but requested clarification on the off-set window requirement and the conversion of amenities. Chair Ritter stated he did not support the separation requirement for off-set windows. Commissioners Allen and Balch concurred with requiring obscured windows and five-foot height. Commissioner Balch expressed his indecision regarding the conversion of amenities. Commissioner Allen suggested retaining the prohibition of converting amenity space to ADUs, with the possibility of individual consideration. Chair Ritter concurred with Commissioner Allen but expressed concern with going against the State's intent. Ms. Clark stated the detail was more specific than the State law suggested, and the State could reject the standard, but it was intended to protect amenities from needlessly being converted to ADUs. Commissioner Brown explained that he brought the issue up as an attempt to be objective; if the State were to allow the conversion of a boiler room, he found it unlikely they would disallow the conversion of a pool room just because it was not specifically listed. Ms. Clark stated staff would further review the regulation and ensure it was defensible. Commissioner Balch inquired if any of the Commissioners were concerned about the 25-foot height restriction. Commissioner Allen stated she could support the recommendation because it was simple and consistent. She stated she would have been open to stating ADUs should be no higher than the primary residence, but she was amenable with the current proposal. Commissioner Balch stated the ADU would always be a few feet shorter than the primary residence based on the means of measuring ADUs and primary residences. Ms. Clark explained staff's decision on the 25-foot height maximum to address Commissioner Allen's concern about neighborhood uniformity. It could also provide an opportunity for parking under the ADU, which would benefit neighborhoods. Planning Commission Minutes Page 6 of 8 July 8, 2020 uggested allowing a default option for five-foot, opaque windows. Planning Commission Minutes Page 4 of 8 July 8, 2020 se latter comments, Ms. Clark recommended that the Planning Commission receive public comments, discuss the currently proposed draft ordinance, then continue the item to allow staff the opportunity to review the late correspondence and determine if further revisions were necessary. Planning Commission Minutes Page 3 of 8 July 8, 2020