El Monte | Three or More Homes
El Monte, California Three or More Homes: Apartments by Right, Design Review, the 15 Percent Inclusionary Rule, the Density Bonus and SB 79
El Monte allows three or more homes on a lot in three multiple-family zones, two corridor zones and three commercial zones. The use is allowed by right; the review of the building design is where the hearing comes in. Projects of 10 or more homes must also include affordable homes. This page sets out the ways to build three or more homes, the reviews each one needs, and how state housing laws apply. The El Monte overview has the summary, and the zoning districts page has the number of homes each zone allows.
Three or more homes in El Monte in six facts
- Three or more homes on a lot are a by-right use in R-2, R-3, R-4 and the C-1, C-2 and C-3 zones, and five or more attached homes in MMU and UMU. Source: EMMC Chapter 17.A
- A project of more than three new homes on a vacant lot needs a design review, which the Planning Commission decides at a public hearing. Source: EMMC 17.122.020
- A new project of 10 or more homes must reserve at least 15 percent of them as affordable homes, or use one of four listed alternatives. Source: EMMC 17.102.020, 17.102.040
- The density bonus table starts at 20 percent more homes for 5 percent very low income homes and reaches 50 percent. Source: EMMC 17.100.060
- A mixed-income project on a commercial corridor may reach 40, 60 or 80 homes per acre under the City's chapter on affordable housing in commercial areas. Source: EMMC 17.104.050
- A City staff report counts 1,517 homes approved or permitted from 2021 to 2025 against a state allocation of 8,502 for 2021 to 2029. Source: City Council packet, April 22, 2026
The Ways to Build Three or More Homes
| Way | Where | Homes | Review |
|---|---|---|---|
| Apartments or townhouses | R-2, R-3, R-4 | One per 5,445, 4,356 to 3,111, or 1,740 sq ft of lot | Design review above three new homes |
| Apartments on commercial land | C-1, C-2, C-3 | One per 1,740 sq ft, or per 1,450 on lots of 30,000 sq ft or more | Design review above three new homes |
| Corridor housing and mixed-use | MMU, UMU | 25 per acre minimum; up to 35 (MMU) or 50 (UMU) | Initial plan review, then design review |
| Planned residential development | R-3, R-4 on one acre; C zones on two acres | At least 10 per acre in R-3 and 20 elsewhere; homes for sale | PRD permit, Planning Commission |
| Affordable housing in commercial areas | MMU, UMU, C-1, C-2, C-3 | 30 per acre minimum; 40, 60 or 80 for mixed-income projects | State deadlines in Gov. Code 65912.114 and 65912.124 |
| Religious institutions housing | R-1B, R-2 to R-4, MMU, UMU, C zones | 20 per acre in residential zones, 30 elsewhere, or the zone figure if greater | Minor design review |
| Density bonus | Any project of five or more homes | 20 to 50 percent above the zone figure; more with stacking | Director level zoning clearance |
Sources: El Monte Municipal Code Chapter 17.A, 17.24.050, 17.30.040, 17.40.040, 17.100.060, 17.104.050, 17.110.080, 17.122.020 and 17.127.020 (Supplement 36 Update 1).
Floor Area, Open Space and the Floor Area Bonus
The number of homes is one limit. Floor area ratio (FAR), the floor area of the buildings divided by the lot area, is the second. Table 17.24-2 sets FAR by the number of homes: 0.40 for two homes in every R zone, and for three homes 0.40 in R-2, 0.50 in R-3 and 0.60 in R-4. A third row, for 4 to 10 units "with a Floor Area Ratio (FAR) bonus," gives 0.60, 0.70 and 0.80. On a 10,000 square foot R-4 lot, 0.60 allows 6,000 square feet of floor area (VanPlex arithmetic). Garages of up to 650 square feet per home in one-family and two-family projects, and parking areas in multiple-family projects, are left out of the count under Section 17.12.060.
- The bonus. Subsection C offers up to 0.20 of added FAR to a project that is in R-3, R-4 or a C zone, on a lot of at least 10,000 square feet, with "a minimum of ten (10) units." Points come from a list of 28 items: affordable homes (up to 0.100), energy and green roof features (up to 0.100), added open space (up to 0.075), design features such as upper stories stepped back from the street (up to 0.075), and items such as combining three or more parcels (0.015).
- Open space. A project of 2 to 9 homes needs 600 square feet of usable open space per home in R-2, 550 in R-3 and 500 in R-4, part of it private to each home. At 10 or more homes the R-3 figure falls to 500 and the R-4 figure to 400. The figure is set "prior to any density bonus."
- Home size. A studio needs 500 square feet, a one-bedroom 600, a two-bedroom 800, a three-bedroom 1,000 and a four-bedroom 1,200. The rule "shall not apply to ADUs or projects that are 100% affordable."
- Utilities and lighting. With five or more homes, "all utility distribution lines" go underground. With three or more, an on-site lighting system is required for parking areas and walkways.
- Amenities. An R-4, MMU or UMU project of 20 or more homes provides "one common recreational amenity" for each 20 homes, chosen from a list that runs from a barbeque area to a swimming pool.
- Public art. The fee schedule requires public art or an in-lieu fee for "residential projects with 4+ residential units." The fee is "1% of the construction valuation, to a maximum of $232,554."
Which Review a Project Needs
Table 17.122-1 sorts housing by the number of new homes. On a vacant lot, one new home is checked by Planning Division staff, two new homes need a minor design review by the Community Development Director with no hearing, and the row for the Planning Commission's design review reads ">3 new units." On a lot that already has more than one home, one or two new homes need the minor review. The counts add up over five years.
- Before filing. Section 17.121.020 requires an initial plan review, a first round of written staff comments on a draft plan, for projects with two new homes, for most projects with three or more, and for mixed-use projects with apartments. Staff issue "a comment letter within ninety (90) days after a complete application is filed," and the comments "are advisory and shall not be binding." The 2026 fee is $7,393.34 for 2 to 9 homes, $9,839.28 for 10 to 49 and $12,322.25 for 50 or more.
- The hearing. For a design review the Planning Commission holds a public hearing, with a newspaper notice and a mailed notice to owners within 500 feet at least 10 days before. The 2026 fee is $3,648.83 for the first 10 homes and $60.69 for each added home.
- What the Commission may decide. For a "Housing Development Project" as state law defines it, Section 17.122.040 says the reviewing body "must approve or conditionally approve Design Review" unless it finds that the project "does not comply with all applicable objective general plan, zoning, subdivision and development standards" or would cause a specific adverse impact on public health and safety. An objective standard is one that can be checked with a measurement or a yes-or-no answer.
- Review by the Director. A table note sends "certain special housing projects" to minor design review whatever their size. The list includes "housing projects with more than 10 units where a minimum 20% are designed for lower-income or very-low income households," affordable housing in commercial areas, corridor housing and religious institutions housing. Its first item is every "Housing Development Project" under the Housing Accountability Act, which Government Code 65589.5 defines to include a use of "Residential units only." Read that way, the note and the ">3 new units" row point to different reviews for the same apartment project. Ask the Planning Division in writing which one it applies.
- How long an approval lasts. Two years, with a twelve-month extension by the Director.
The 15 Percent Inclusionary Rule (Chapter 17.102)
Inclusionary housing is a rule that a share of the homes in a new project be sold or rented at prices set for households below a stated income. Section 17.102.020 applies it "to new housing development projects consisting of ten (10) or more dwelling units, both rental and for-sale." A City staff report of April 7, 2026 says the "Inclusionary Housing Ordinance adopted on May 2, 2023" was followed by a "fiscal analysis to determine appropriate in-lieu fee adopted on November 7, 2023."
| Household income level | Rental project | For-sale project |
|---|---|---|
| Very low income | Not required | Not required |
| Lower income | 9 percent of all homes | Not required |
| Moderate income | 6 percent of all homes | 15 percent of all homes |
| Total | 15 percent | 15 percent |
| How long | In perpetuity | At least 55 years |
Sources: El Monte Municipal Code Table 17.102-1 and 17.102.050 (Supplement 36 Update 1).
- Who is exempt. Section 17.102.030 exempts "Projects consisting of nine (9) or fewer units," projects in the R-1A, R-1B and R-1C zones, and projects under a development agreement that says so.
- Rounding. For projects of up to 20 homes, Section 17.12.060 rounds up only "fractions of three-quarters or greater." Fifteen percent of 10 homes is 1.5, which rounds down to one affordable home; 15 percent of 12 homes is 1.8, which rounds up to two (VanPlex arithmetic).
- Homes added by a density bonus "shall not be counted in determining the required number of inclusionary units."
- Alternatives. An in-lieu fee "in accordance with the fee schedule established by resolution by the City Council," homes built on another site in the city, rehabilitation of existing homes, or land given to the City. For the fee, "One-half of the in-lieu fee shall be paid prior to the issuance of the first building permit." This guide did not find the fee amount in a City document it could read.
- Standards. The affordable homes must be "Reasonably dispersed throughout the project," comparable in size and bedroom count, and built with or before the market-rate homes.
- Incentives. Section 17.102.070 lets the review authority cut the Quimby fee, park fee and traffic impact fee on the affordable homes by up to 25 percent for moderate income homes and 50 percent for lower income homes, reduce side and rear setbacks to five feet, and apply lower parking ratios.
The Density Bonus (Chapter 17.100)
The state density bonus law, Government Code 65915, gives a project more homes than zoning allows in exchange for affordable homes. El Monte's chapter applies to "development project's consisting of five (5) or more dwelling units" and says "Any ambiguities in this chapter shall be interpreted to be consistent with State Density Bonus Law."
- The table. Table 17.100-2 gives a 20 percent bonus at 5 percent very low income homes or 10 percent lower income homes, and 5 percent at 10 percent moderate income homes in a for-sale project. Each column rises to 50 percent: at 15 percent very low, 24 percent lower or 44 percent moderate income homes.
- Stacking. A project already at those top figures may add more affordable homes for a second bonus, up to a total of 88.75 or 100 percent.
- All-affordable projects. Within one-half mile of a major transit stop, a 100 percent affordable project "shall have no maximum density" and "may exceed the maximum height by up to 3 stories or 33 feet."
- Parking. On request the City may require no more than 1.0 space for a studio or one-bedroom, 1.5 for two or three bedrooms and 2.5 for four or more, counting guest spaces. The ratio falls to 0.5 space per home for projects with 20 percent lower income homes that have clear access to a major transit stop within half a mile.
- Procedure. A request "shall require the approval of a director level zoning clearance." The 2026 fee schedule lists $1,020.75, plus $476.42 for each concession. An affordability agreement is recorded before the building permit.
- Existing rentals. A project is not eligible on land that held rent-restricted homes or homes "occupied by lower or very low income households" in the last five years, unless it replaces them with homes of the same bedroom count at affordable rents.
Housing on Commercial and Corridor Land
- Affordable housing in commercial areas. Chapter 17.104 writes a state law into the code for projects of "five (5) or more dwelling units" in MMU, UMU and the C zones. A 100 percent affordable project has a minimum of "30 units/acre or the underlying zoning district, whichever is greater." A mixed-income project on a commercial corridor reserves 15 percent of its rental homes for lower income households, or 8 percent very low and 5 percent extremely low. On a lot over one acre Table 17.104-1 allows 40 homes per acre with under 100 feet of frontage and 60 with more, and 80 within one-half mile of a major transit stop. Heights are 35 feet on a corridor under 100 feet wide, 45 feet on a wider one and 65 feet near a major transit stop. The chapter runs "until January 1, 2033."
- Corridor housing. Section 17.110.040 allows housing under the state law SB 6 and Government Code 65852.24. The matrix marks it P in MMU, UMU, the C zones and the M-1 and M-2 manufacturing zones. The section "shall expire on January 1, 2033."
- Religious institutions housing. Section 17.110.080 lets a religious institution that has owned and used its site for three years add homes on a lot of at least 20,000 square feet. The maximum is 20 homes per acre in residential zones and 30 in other zones, or the zone figure if greater. With five or more homes, 30 percent are reserved for very low or lower income households and another 30 percent for moderate income or below. An applicant may use the state law SB 4 and Government Code 65913.16 in its place.
- Urban housing developments. Section 17.110.120 covers high-density projects near transit in UMU and parts of the Downtown plan: "The project shall have a minimum density of thirty-five (35) units per acre."
- Planned residential developments. Section 17.127.020 requires one acre in R-3 and R-4 and two acres in the C zones, and "All units shall be developed and sold for individual ownership." In return the Planning Commission may reduce side and rear setbacks to five feet, building separation to five feet, and "Increase the lot coverage by up to five (5) percent."
SB 79 and Parking Near Transit
SB 79 is a state law that allows taller and denser housing near qualifying rail and bus stops. A text search of Titles 16 and 17 found no mention of it, so Government Code 65912.157 applies directly. The state housing department's advisory says the standards "will take effect on July 1, 2026, in Alameda, Los Angeles, Sacramento, San Francisco, San Mateo, Santa Clara, and San Diego Counties." El Monte is in Los Angeles County.
Two kinds of stop count. A Tier 1 stop is served by heavy rail or by commuter rail with at least 72 trains a day. A Tier 2 stop is served by light rail, by "high-frequency commuter rail" with "at least 48 trains per day across both directions," or by qualifying bus service. The advisory lists Metrolink as commuter rail and adds "Not all commuter rail stops and stations are necessarily TOD stops." El Monte's code names two transit sites, the "El Monte Metrolink Station" and the "El Monte Bus Station." This guide did not count trains or check the bus standard, so it states no result for either. Within one-quarter mile of a Tier 2 stop the statute bars "any height limit less than 65 feet" and "any maximum density standard of less than 100 dwelling units per acre"; from there to one-half mile the figures are 55 feet and 80 per acre. A project needs "at least five dwelling units."
The City text already covers parking near transit. Section 17.70.070 says "Minimum parking requirements shall not be required for residential, commercial or other development project if the project is located within ½-mile of a Major Transit Stop," citing Government Code 65863.2.
Existing Homes and Tenants
A project that replaces rented homes meets three sets of rules. State law limits demolition of rented and rent-restricted homes for SB 9 projects, small-lot maps and density bonus projects, as the pages on those topics show. El Monte's own Chapter 8.79 covers one case: a tenant is owed relocation benefits when the City orders a unit vacated because it "cannot be safely occupied" while code violations are repaired. If the owner does not pay, the City may pay and recover the amount with a penalty "not to exceed ten thousand dollars." Chapter 8.70 limits rent increases on mobilehome park spaces to "one hundred (100) percent of the percentage increase in the CPI" each year.
The table of contents of the code, as published through Ordinance No. 3055 of June 11, 2025, has no chapter that limits apartment rents. The City housing pages read for this guide list no such program. The statewide rent cap and the state rules on ending a tenancy are on the rent and tenant rules page. This guide could not confirm whether the City Council adopted a tenant ordinance between June 2025 and October 2026 that is not yet printed, because minutes for three 2025 meetings were not posted; ask the Housing Division.
What Is Being Built
The Housing Element Update page gives El Monte's state housing allocation for 2021 to 2029 as 8,502 homes, of which 4,619 are above moderate income. The staff report in the April 22, 2026 Council packet counts "218 units" for 2025 and a "Grand Total (2021 to 2025): 1,517 units." It names "3700 Cypress Avenue, a multi-family residential development with 82 units," "3700 Monterey Avenue, a multi-family residential development with 87 units" and "11710 Valley Boulevard, a multi-family development with 83 units." On May 27, 2026 the City Council voted 7-0 for an agreement with Los Angeles County on a "202-unit multifamily rental housing development located at 4024 Durfee Avenue," according to the minutes.
Where the Code Disagrees With Itself
- Who may use the FAR bonus. Table 17.24-2 labels the bonus row for 4 to 10 units and shows an R-2 figure. Subsection C limits the bonus to R-3, R-4 and the C zones and to projects with "a minimum of ten (10) units." Section 17.102.070 offers "a floor area ratio (FAR) bonus of 0.10" to projects "with less than ten (10) units" that include affordable homes.
- Four or more homes with no bonus. Table 17.24-2 has FAR rows for two homes, three homes and the bonus row. It prints no figure for a project of four or more homes that does not use the bonus.
- Exactly three new homes. Table 17.122-1 sends two new homes on a vacant lot to minor design review and ">3 new units" to design review. It has no row for exactly three.
- Cross-references. Section 17.102.020 points to incentives "listed in Section 17.102.060"; the incentives are in Section 17.102.070. Section 17.121.020 refers to "subsection 17.122.020.C.8," which Section 17.122.020 does not contain.
- State law citation. Section 17.104.010 cites "Section 65912 of the California Government Code." The state rules are in Sections 65912.100 and after, which Section 17.104.080 cites correctly.
Best For
- ✓ R-4 and C-zone lots of 10,000 square feet or more, where floor area and density both allow a small apartment building.
- ✓ Projects of 4 to 9 homes, which stay below the 15 percent inclusionary rule.
- ✓ Rental projects of more than 10 homes with 20 percent lower-income homes, listed for minor design review by the Director.
Usually Fails When
- ✕ A budget for 10 or more homes leaves out the affordable homes or the in-lieu fee.
- ✕ A market-rate project is planned with no Planning Commission hearing and no written answer from staff.
- ✕ The site held rented homes in the last five years and the plan depends on a density bonus.
What To Verify Before Spending Money
- → The current inclusionary in-lieu fee, which is set by City Council resolution.
- → Which design review path staff apply to your project under Table 17.122-1.
- → Whether a nearby rail or bus stop qualifies under SB 79 or as a major transit stop.
Where to Go Next
Related on VanPlex: the El Monte overview, the SB 79 page and the duplex to fourplex guide.
Frequently Asked Questions
Can I build a triplex or fourplex in El Monte?
Does an apartment project in El Monte need a public hearing?
What is the inclusionary housing rule in El Monte?
Can I pay a fee instead of building affordable homes in El Monte?
How does the density bonus work in El Monte?
Can housing be built on commercial land in El Monte?
Does SB 79 apply in El Monte?
Does El Monte have rent control?
What is a planned residential development in El Monte?
How much housing is El Monte building?
Official sources (checked October 2026)
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