Modesto is bound by Cal. Gov. Code 65852.2(f)(3)(A), which prohibits any local agency - including Modesto - from charging impact fees on ADUs under 750 square feet. ADUs at or above 750 sq ft may be charged impact fees only in proportion to the square footage burden imposed by the primary dwelling. Modesto Irrigation District water charges and Stanislaus County school developer fees may still apply where authorized.
Under state law (Cal. Gov. Code 65852.2(f)(3)(A)), Modesto cannot impose city, special district, water, or sewer connection or capacity impact fees on ADUs smaller than 750 sq ft - this is an absolute, state-mandated waiver. For ADUs at or above 750 sq ft, section 65852.2(f)(3)(B) caps any city impact fee at an amount proportional in square footage to the primary dwelling's impact fee. Standard Modesto building permit and plan check fees still apply to all ADUs. Modesto School District and Stanislaus Union School District may collect Level 1 developer fees under Cal. Ed. Code section 17620 on ADUs of 500 sq ft or more - the 750-sq-ft impact-fee waiver does not preempt school fees. Sewer connection fees from the City of Modesto Utilities Department and water charges from the Modesto Irrigation District follow the same proportional-size rule for ADUs over 750 sq ft. The Modesto ADU Express Program reduces standard plan-check fees for projects using city pre-approved plans.
Charging a prohibited impact fee on a Modesto ADU under 750 sq ft can be challenged through a refund demand and is subject to California HCD noncompliance review under Cal. Gov. Code 65852.2(h). The applicant may also seek a writ of mandate. Confirm specific fee schedules and penalty amounts with the Modesto Building Safety Division.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
Modesto, CA
Modesto's noise ordinance expressly exempts aircraft and railroad operations; aircraft noise around Modesto City-County Airport is governed by federal FAA ru...
Modesto, CA
Modesto's noise ordinance (MMC Title 4, Ch. 9) bans 'loud and raucous noise' citywide, including from industrial operations. Certain continuous industrial ac...
Modesto, CA
Modesto has no blanket overnight parking ban. The default rule is the 72-hour storage limit (sec. 3-2.1002). Residential Parking Permit Zones under Article 1...
Modesto, CA
Modesto zoning permits standard residential fence materials (wood, vinyl, masonry, ornamental metal, chain link). Barbed wire, razor wire and electrified fen...
Modesto, CA
Modesto's zoning ordinance limits a residential dwelling unit to two dogs (5+ months old) and three cats (3+ months old). Larger numbers, exotic animals, or ...
Modesto, CA
Modesto Municipal Code § 10-3.202 allows up to 12 domestic fowl (hens only - no roosters), plus 2 pygmy goats and 2 miniature potbellied pigs (no boars), per...
See how Modesto's adu impact fees rules stack up against other locations.
Help us keep this page accurate. If you notice an error or outdated information, let us know.