Division 10 — Affordable Housing
Chapter 17.104 — AFFORDABLE HOUSING IN COMMERCIAL AREAS
El Monte Zoning Code · 2026-06 edition · ingested 2026-07-06 · El Monte
17.104.010 - Purpose. ¶
modified
The housing regulations set forth in this chapter are established to comply with the state standards and requirements set forth in Section 65912 of the California Government Code, as amended from time to time, and other applicable state laws. This chapter is not intended to conflict with state enactments.
(Ord. No. 3053, § 3(Exh. A), 5-14-2025)
17.104.020 - Applicability and permitted zoning districts. ¶
modified
A.
This chapter shall apply to the following affordable housing development projects in commercial areas:
1.
Affordable housing projects in commercial zones; and
Mixed-income housing projects along commercial corridors.
B.
Refer to Chapter 17.A (Matrix of Permitted Uses) of this title for the zoning districts that may permit affordable housing projects in commercial areas, subject to the requirements of this chapter.
(Ord. No. 3053, § 3(Exh. A), 5-14-2025)
17.104.030 - Property requirements. ¶
modified
A.
Adjoining Uses. A minimum seventy-five (75) percent of the perimeter of the property shall be adjacent to parcels that are developed with urban uses. Urban uses shall mean any current or former residential, commercial, public institutional, recreation facility (i.e., open space), transit or transportation passenger facility, or retail use, or any combination of those uses.
B.
Environmentally Sensitive Sites. The property satisfies the requirements of subsections 65913.4(a)(6)(B) through (K) of the California Government Code.
C.
Mobilehome Limitations. The property shall not be governed under the Mobilehome Residence Law (Division 2, Part 2, Title 2, Chapter 2.5 commencing with Section 798 of the California Civil Code), the Recreational Vehicle Park Occupancy Law (Division 2, Part 2, Title 2, Chapter 2.6 commencing with Section 799.20 of the California Civil Code), Mobilehome Parks Act (Division 13, Part 2.1 commencing with Section 18200 of the California Health and Safety Code) or the Special Occupancy Parks Act (Division 13, Part 2.3 commencing with Section 18860 of the California Health and Safety Code).
D.
Tribal Resources. If the property is vacant, it shall not contain tribal cultural resources, as defined by Section 210744 of the California Public Resources Code, that could be affected by the development that were found pursuant to a consultation as described by Section 21080.3.1 of the California Public Resources Code and the effects of which cannot be mitigated pursuant to the process described in Section 21080.3.2 of the California Public Resources Code.
E.
Fire Hazardous. If the property is vacant, it shall not be within a very high fire severity zone, as indicated on maps adopted by the California Department of Forestry and Fire Protection pursuant to Section 4202 of the California Public Resources Code or as designated pursuant to subsections 51197(a) and (b) of the California Government Code.
F.
Additional Site Requirements for Mixed-income Housing Projects. The following requirements shall apply to mixed-income housing projects:
The property shall abut a commercial corridor with a minimum street frontage of fifty (50) feet.
2.
If the property is a regional mall, it shall not exceed a size of one hundred (100) acres. In all other instances, the property shall not exceed a size of twenty (20) acres.
3.
The property shall not have been previously used as permanent housing occupied by tenants (excluding any manager unit(s)) that was demolished with ten (10) years prior to submittal of a formal application for a mixed-income housing project.
4.
The property shall not contain one to four (4) existing dwelling units.
(Ord. No. 3053, § 3(Exh. A), 5-14-2025)
17.104.040 - Project requirements. ¶
modified
A.
Project Type. The project shall be a multiple-family housing development project with five (5) or more dwelling units for sale or rent.
B.
Environmental Assessment.
1.
The applicant shall complete a Phase 1 Environmental Assessment, as defined in Section 25319.1 of the California Health and Safety Code.
2.
If a recognized environmental condition is found, the applicant shall undertake a preliminary endangerment assessment, as defined in Section 25319.5 of the California Health and Safety Code, prepared by an environmental assessor to determine the existence of any release of a hazardous substance on the site and to determine the potential for exposure of future occupants to significant health hazards from any nearby property or activity.
a.
If a release of hazardous substance is found to exist on the site, the release shall be removed, or any significant effects on the release shall be mitigated to a level of insignificance in compliance with current state and federal requirements.
b.
If a potential for exposure to a significant hazardous substance from surrounding properties or activities is found to exist, the effects of the potential exposure shall be mitigated to a level of insignificance in compliance with current federal and state requirements.
C.
Proximity Restrictions to Freeways and Refineries.
1.
The property shall be located within five hundred (500) feet of a freeway, as defined in Section 332 of the California Vehicle Code unless it meets specified criteria, including that it will have a centralized heating, ventilation and air conditioning system.
2.
None of the proposed dwelling units on the property shall be located within three thousand two hundred (3,200) feet of a facility that actively extracts or refines oil or natural gas.
D.
Additional Requirements for Mixed-income Housing Projects. The following requirements shall apply to mixed-income housing projects:
1.
The project does not require the demolition of any of the following:
a.
Housing that is subject to a recorded covenant, ordinance or law that restricts rents to levels affordable to persons and families of moderate, lower or very low income.
b.
Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power.
c.
Housing that has been occupied by tenant(s) within the past ten (10) years (excluding any manager unit(s)).
2.
The project does not require the demolition of a structure that was designated or listed as a federal, state or local landmark or historic property.
(Ord. No. 3053, § 3(Exh. A), 5-14-2025)
17.104.050 - Development standards. ¶
modified
A.
Table 17.104-1 prescribes the development standards for affordable housing in commercial areas.
Table 17.104-1—Development Standards - Affordable Housing in Commercial Areas
Development Standard 100% Affordable Projects Mixed-income Projects
| Afordability requirements for rental projects5 |
• 100% of base units shall be for lower-income or very low- income households • Shall be subject to an afordability deed restriction in perpetuity |
1) 8% of base units reserved for very low-income households and 5% for extremely low-income households; or 2) 15% of base units for lower income households Shall be subject to an afordability deed restriction in perpetuity |
|---|---|---|
| Afordability requirements for owner-occupied projects5 |
• 100% of reserved units shall be for lower-income or very low-income households • Shall be subject to an afordability deed restriction for 55 years |
1) 30% of reserved units for moderate income households; or 2) 15% for lower income households Shall be subject to an afordability deed restriction for 55 years |
| Minimum density | 30 units/acre or the underlying zoning district, whichever is greater |
30 units/acre or the underlying zoning district, whichever is greater |
| Maximum density | • New construction: 30 units/acre or the underlying zoning district, whichever is greater • Adaptive reuse: There shall be no density bonus for projects that adaptively reuse an existing building |
New construction: • Lot area <1 acre: 30 units/acre or the underlying zoning district • Lot area >1 acre and <100 ft. of frontage: 40 units/acre • Lot area >1 acre and >100 ft. of frontage: 60 units/acre • Notwithstanding the above, if the property is within ½-mile of a Major Transit Stop (MTS): 80 units/acre • Notwithstanding the above, the underlying zoning district shall apply if it allows a greater maximum density Adaptive reuse: • There shall be no density bonus for projects that adaptively reuse an existing building |
| Maximum height | Refer to the underlying zoning district |
• Corridor right-of-way <100 ft: 35 ft. • Corridor right-of-way ≥100 ft: 45 ft. • Notwithstanding the above, if the property is within ½-mile of a Major Transit Stop (MTS): 65 ft. • Notwithstanding the above, the underlying zoning district shall apply if it allows a greater height |
| Other height standards | Section17.60.030(Height Exceptions and Restrictions) shall apply | |
| Setbacks— | ||
| Front yard (when a commercial corridor) |
Refer to the underlying zoning district |
• No minimum shall be required • Minimum 80% of the building's ground foor shall be within 10 ft. of the front property line • Parking shall be set back a minimum 25 ft. |
| Interior side yard (when the adjacent property fronts a commercial corridor) |
• Adjacent property is residential and constructed prior to July 1, 2023: minimum building setback of 10 ft., or the underlying zoning district, whichever is less • All other cases: no building setback shall be required |
|
| All other yards | • Ground foor if adjacent property is residential: minimum building setback of 10 ft., or the underlying zoning district, whichever is less • All other cases: minimum building setback of 15 ft., or the underlying zoning district, whichever is less |
|
| Parking | Refer to the underlying zoning district |
• Electric vehicle charging and bicycle parking spaces: comply with the requirements outlined inChapter 17.70(Parking Regulations) • Disabled access parking: comply withTitle 15(Building and Construction) • No additional parking shall be required |
| --- | --- | --- |
Notes:
5 Affordability requirements as defined by Section 60052.5 of the California Health and Safety Code
B.
Density Bonuses. An applicant shall be eligible for a density bonus, incentives or concessions, waivers or reduction of development standards and parking ratios as outlined in Chapter 17.100 (Density Bonus Provisions) of this title.
C.
City's Inclusionary Housing Requirements. The applicant shall comply with Section 17.102.050 (Inclusionary Housing— Development Standards and Procedures) of this title and may request any of the incentives listed in Section 17.102.060 (Inclusionary Housing—Incentives) of this title.
(Ord. No. 3053, § 3(Exh. A), 5-14-2025)
17.104.060 - Commercial relocation assistance requirements. ¶
modified
The following shall be required for all mixed-income housing developments along commercial corridors that include existing commercial tenants:
A.
Written Notification. The applicant shall provide written notification to each commercial tenant on the site when the application is submitted.
B.
Relocation Assistance. As a condition of approval, the applicant shall provide relocation assistance to qualified commercial tenants at the rates prescribed in Section 65912.123(i) of the California Government Code.
(Ord. No. 3053, § 3(Exh. A), 5-14-2025)
17.104.070 - Labor standards. ¶
modified
As a condition of approval, all affordable housing projects in commercial areas shall comply with Article 4 (Labor Standards), Section 65912.130 of the California Government Code. In addition, affordable housing projects in commercial areas with fifty (50) or more units shall comply with Article 4 (Labor Standards), Section 65912.131 of the California Government Code.
(Ord. No. 3053, § 3(Exh. A), 5-14-2025)
17.104.080 - Processing applications. ¶
modified
The Review Authority and applicant shall comply with Article 2, Section 65912.114 of the California Government Code for affordable housing developments in commercial zones that satisfy all of the requirements established in Sections 65912.111, 65912.112, and 65912.113 of the California Government Code and Article 3, Section 65912.124 of the California Government Code for mixed-income housing developments along commercial corridors that satisfy all of the requirements established in Sections 65912.121, 65912.122, and 65912.123 of the California Government Code.
(Ord. No. 3053, § 3(Exh. A), 5-14-2025)
17.104.090 - Expiration date. ¶
modified
This chapter shall be in effect July 1, 2023 and continue in effect until January 1, 2033, and as of that date shall be repealed. (Ord. No. 3053, § 3(Exh. A), 5-14-2025)