Modesto, CA Zoning Overlays & Bonuses: Density Bonus Law (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.
10-8.801 - Low-Income Units. 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
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
809), adopted by Ord. No. effective May 11, 2023, sets the density bonus sliding scales. 5) earns a 20% density bonus, climbing to a 50% bonus once 24% of units are lower-income. 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. 803 get a flat 20% bonus on the number of senior units. 804 start at only a 5% bonus for 10% moderate-income units, scaling up to 50% at 44% moderate-income units.
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. 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%. 701) earns either added residential square footage equal to the facility's size or an additional concession. 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?
Can a Modesto developer combine the density bonus with a land donation?
How long must Modesto's density-bonus units stay affordable?
Does building a childcare facility help get a bigger bonus in Modesto?
Sources & Official References
Other rules in Modesto
California rules heatmap·Compare Modesto to another location·View the California zoning overlays & bonuses overview
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