Affordable Housing and Parking

There are a number of issues that are affecting residents with respect to how affordable housing is controlled and allowed in Windsor. And this is important in particular with respect to parking.

I am just starting to write this article, so it may be a little heavy reading until I can edit it to a simpler summary and outline.

Summary:

Why There Will Be More People Parking on our Streets:

Here I am talking about housing and parking in general, but I am going to concentrate on Shiloh Terrace at the corner of Shiloh and Old Redwood Highway because it is probably the area generating receiving the most complaint about various issues.

The new 134-unit affordable housing development Shiloh Terrace will cause parking issues in the surrounding area mainly because of California state law.

The Reality

In practice, most California cities (including Windsor) are under intense pressure to approve affordable housing due to the housing crisis and state mandates. The Town of Windsor is required to provide 994 units (see the 2023-2031 Housing Element | Windsor, CA – Official Website) to meet state targets, and rejecting affordable housing projects would make meeting those required goals much harder.

Cities that try to block affordable housing often face lawsuits and state intervention, making it a risky strategy both legally and financially.

What the Law Says:

California’s Density Bonus Law requires cities like Windsor to give developers major breaks on parking requirements when they build affordable housing. Instead of the normal 2 parking spaces per apartment, affordable housing might only be required to have 1 space per unit, or even less.

The Math – Shiloh Terraces for Example:

  • Normal apartments: 134 units × 2 spaces = 268 parking spaces
  • Affordable housing: 134 units × 1 space = 134 parking spaces (or fewer)
  • Missing spaces: possibly 134+ cars that need somewhere to park

Why Windsor Can’t Do Anything:

This isn’t Windsor’s choice. State law requires the Town to approve these parking reductions when developers ask for them as part of affordable housing projects. Windsor legally cannot say “no, you must provide full parking.”

The Result:

Those 134+ “missing” parking spaces will likely end up as cars parked on nearby residential streets, because the residents still own cars even if the development doesn’t provide enough spaces.

Bottom Line: California prioritizes building more affordable housing over providing adequate parking, and local cities like Windsor have no choice but to follow state law.

State-Level Laws:

California has several key laws governing affordable housing rules:

Density Bonus Law (Government Code Section 65915) – Requires local governments to provide density bonuses, incentives, and concessions to developers who include affordable housing units in their projects.

The Density Bonus Law (Government Code Section 65915) is likely the most impactful state law for smaller municipalities, for several reasons:

Why It’s Most Important:

Mandatory Compliance – Unlike some other laws that are optional, ALL California cities must have a density bonus ordinance. There’s no opt-out for small municipalities.

Frequent Use – This law gets triggered regularly whenever developers propose projects with affordable units, making it a routine part of local planning processes.

Significant Local Impact – It can substantially change the character of developments by allowing:

  • Up to 35% more units than normally allowed
  • Reduced parking requirements
  • Reduced setbacks and height limits
  • Other zoning concessions

Limited Local Discretion – Small cities can’t simply deny these requests – they must grant them if the developer meets the requirements and demonstrates need.

The Housing Accountability Act is a close second because it restricts cities’ ability to deny housing projects, but it mainly comes into play during contentious project approvals.

RHNA (Regional Housing Needs Allocation) creates long-term planning obligations but is more of a background requirement that affects general plans and zoning updates rather than day-to-day project decisions.

For small municipalities with limited planning staff and resources, the Density Bonus Law probably creates the most regular, concrete impact on their decision-making processes and community development patterns. It’s the law they’re most likely to encounter on individual development applications.

Housing Accountability Act (Government Code Section 65589.5) – Limits local governments’ ability to deny housing development projects and requires objective standards for approval.

SB 9 (2021) – Allows property owners to split single-family lots and build duplexes in most residential areas, with some affordable housing provisions.

SB 10 (2021) – Enables local governments to rezone areas near transit for up to 10 units per parcel without lengthy environmental review.

Regional Housing Needs Allocation (RHNA) – Mandates that each region plan for its share of affordable housing across different income levels.

Inclusionary Housing Laws – Various statutes allow local governments to require or incentivize affordable units in new developments.

Local-Level Authority:

Cities and counties can enact their own inclusionary housing ordinances, affordable housing trust funds, and zoning regulations that promote affordable housing, provided they comply with state law.

Funding Mechanisms:

Laws governing housing trust funds, tax increment financing, and various bond measures that support affordable housing development.

The landscape has been evolving rapidly with recent legislation aimed at addressing California’s housing crisis. Local housing authorities and redevelopment agencies also operate under specific statutory frameworks.

Parking for Affordable Housing

Parking requirements for affordable housing are primarily governed by local zoning ordinances rather than state law, but California has enacted several state laws that reduce or eliminate parking requirements for affordable housing:

Key State Laws Reducing Parking Requirements:

AB 2097 (2022) – Prohibits minimum parking requirements for residential, commercial, and other developments within half a mile of public transit. This significantly impacts affordable housing near transit.

Density Bonus Law (Gov. Code 65915) – Allows developers to request reduced parking as an incentive/concession when providing affordable units. Projects can often get parking reduced to as low as 0.5 spaces per unit for affordable housing.

SB 9 (2021) – Limits parking requirements to one space per unit for accessory dwelling units and duplexes created under this law.

Accessory Dwelling Unit (ADU) Laws – Generally limit parking requirements to one space per ADU, with many exceptions that eliminate parking requirements entirely.

Local Variations:

Most cities still have base parking requirements in their zoning codes (typically 1-2 spaces per apartment unit), but affordable housing projects can often get reductions through:

  • Density bonus concessions
  • Special affordable housing overlays
  • Transit-oriented development zones
  • Specific plan areas

Practical Impact:

Many affordable housing developments now have significantly fewer parking spaces than traditional market-rate projects, especially near transit. Some have zero parking requirements.

The trend is clearly toward reducing parking requirements for affordable housing to lower development costs and encourage transit use.