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Modesto, CA Zoning Overlays & Bonuses: Density Bonus Law (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Base low-income trigger
10% units = 20% bonus (§10-8.801)
Maximum bonus, low-income scale
24% units = 50% bonus
Very low-income trigger
5% units = 20% bonus (§10-8.802)
Land donation bonus
Up to 15%, combined cap 35%
Affordability covenant
55 years
Governing ordinance
Ord. No. 3762-C.S., eff. 5-11-23

Summary

Modesto grants developers a density bonus above the maximum allowed by zoning when a project sets aside affordable units. Setting aside 10% of units for lower-income households alone earns a 20% bonus, rising on a sliding scale as high as 50% under Code of Ordinances § 10-8.801.

If ten (10) percent of the total units of a housing development for rental or sale to lower income households, as defined in Section 50079.5 of the Health and Safety Code, the density bonus shall be calculated as follows: TABLE 10-8.801 - Low-Income Units Percentage Low-Income Units Percentage Density Bonus 10 20 11 21.5 12 23 13 24.5 14 26 15 27.5 16 29 17 30.5 18 32 19 33.5 20 35 21 38.75 22 42.5 23 46.25 24 50

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 71).

Full Breakdown

Modesto Code of Ordinances Article 8 (§§ 10-8.801 to 10-8.809), adopted by Ord. No. 3762-C.S. effective May 11, 2023, sets the density bonus sliding scales. Under § 10-8.801, reserving 10% of units for lower-income households (Health & Safety Code § 50079.5) earns a 20% density bonus, climbing to a 50% bonus once 24% of units are lower-income. Under § 10-8.802, reserving just 5% of units for very-low-income households also starts a bonus at 20%, maxing at 50% once 15% of units qualify. Senior housing developments under § 10-8.803 get a flat 20% bonus on the number of senior units.

Moderate-income for-purchase projects under § 10-8.804 start at only a 5% bonus for 10% moderate-income units, scaling up to 50% at 44% moderate-income units. Projects reserving 10% of units for transitional foster youth, disabled veterans, or homeless persons (§ 10-8.805) receive a 20% bonus on those units, and 100%-lower-income developments (§ 10-8.807) can receive an 80% density bonus and, within a half-mile of a major transit stop or in a very-low-vehicle-travel area, no density cap at all. A separate land-donation bonus (§ 10-8.601) adds up to 15% more density for donating at least one acre (or enough for 40 units) to the city for very-low-income housing, and can stack with the Article 8 bonus to a combined maximum of 35%.

Including an on-site childcare facility (§ 10-8.701) earns either added residential square footage equal to the facility's size or an additional concession. Affordable units awarded a bonus must remain affordable for 55 years, and for-sale units under § 10-8.808 must carry a recorded equity-sharing agreement enforced by the city under § 10-8.809.

Violations & Fines

The density bonus is an entitlement, not a citable offense, but the affordability restrictions attached to it are enforceable. Bonus units must carry a recorded deed restriction or regulatory agreement keeping them affordable for 55 years; for-sale bonus units require a recorded equity-sharing agreement the city enforces under § 10-8.809, recapturing its proportionate share of appreciation on resale if the covenant is violated.

Frequently Asked Questions

How much of a density bonus can a Modesto project earn?
It depends on the affordability mix chosen. Reserving 24% of units for lower-income households or 15% for very-low-income households under §§ 10-8.801 and 10-8.802 both max out at a 50% density bonus above the base zoning maximum, per Modesto Code of Ordinances Article 8.
Can a Modesto developer combine the density bonus with a land donation?
Yes. Donating at least one acre, or enough land for 40 units, for very-low-income housing under § 10-8.601 adds up to 15% more density on top of the Article 8 bonus, capped at a combined 35% increase over the base allowable density.
How long must Modesto's density-bonus units stay affordable?
Very low and low-income rental units that qualified a project for a density bonus must remain affordable for 55 years, or longer if required by an associated financing, mortgage insurance, or rental subsidy program, per Article 8's general provisions.
Does building a childcare facility help get a bigger bonus in Modesto?
Yes. Under § 10-8.701, including an on-site childcare facility earns the project either an additional density bonus equal in square footage to the childcare facility or an added concession that supports the facility's economic feasibility.

Sources & Official References

Other rules in Modesto

All Modesto rules

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