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Hercules, CA Accessory Structures: ADU Impact Fees (2026)

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

Key Facts

Fee-exempt size
Under 750 sq ft, or within existing space
Fee basis for larger units
Prorated by square footage vs. primary home
Connection/sewer fees
Not treated as new use unless built with new SFD
Legal basis
Gov't Code § 66324 and Mitigation Fee Act

Summary

Hercules waives impact fees entirely for ADUs under 750 square feet or built within existing space, and prorates Master Fee Schedule charges by square footage for larger units, under Municipal Code Section 13-35.320(4)(B).

ADUs containing 750 or more square feet are subject to any fees for residential units required by the City's Master Fee Schedule as it exists at the time the ADU application is filed. Fees shall be charged in proportion to the square footage of the primary dwelling (e.g., a 1,000-square-foot ADU would be charged 50 percent of the applicable fee if the primary dwelling is 2,000 square feet)... ADUs within existing space and ADUs containing less than 750 square feet are not subject to fees under this subsection (4)(B)... unless an ADU is constructed with a new single-family dwelling, it is not considered a 'new' residential use for the purpose of calculating any connection fees, sewer facilities fees, or capacity charges.

View official code

Official source re-checked September 8, 2026: no newer edition of the code had been published (publisher’s edition: current through Ordinance 555, passed March 25, 2025).

Full Breakdown

320(4)(B) sets Hercules's ADU fee structure in 3 tiers. First, ADUs of 750 square feet or more are subject to whatever residential-unit fees the City's Master Fee Schedule sets at the time the application is filed, but those fees must be charged in proportion to the ADU's square footage relative to the primary dwelling; the code gives its own example, that a 1,000-square-foot ADU on a lot with a 2,000-square-foot primary home is charged 50 percent of the applicable fee. ADUs on single-family lots pay single-family unit fees while ADUs on multifamily lots pay multifamily unit fees, and all fees remain subject to Government Code Section 66324 and the Mitigation Fee Act.

Second, any ADU built within existing space, such as a garage or basement conversion, and any ADU under 750 square feet regardless of type, is fully exempt from fees under this subsection. Third, unless the ADU is built together with a new single-family dwelling, the code specifies it is not treated as a 'new' residential use for calculating connection fees, sewer facilities fees or capacity charges, meaning those charges apply only to the extent they already apply to the existing use on the lot, not as if the ADU were a brand-new hookup. 320(4)(A), the fee waiver is a direct financial incentive layered on top of the ministerial permit process to encourage smaller, income-producing units.

Violations & Fines

Failing to pay the proportional fee properly owed on an ADU of 750 square feet or more before permit issuance will hold up building permit approval under Section 13-35.320(4)(B); conversely, a fee improperly assessed against an exempt sub-750-square-foot or within-existing-space ADU, or against connection/sewer/capacity charges not tied to a new single-family dwelling, can be challenged administratively as inconsistent with this subsection and the Mitigation Fee Act.

Frequently Asked Questions

Does Hercules charge impact fees on ADUs?
Only on ADUs of 750 square feet or larger. Section 13-35.320(4)(B) exempts any ADU built within existing space and any ADU under 750 square feet from fees entirely, regardless of size category.
How is the ADU fee calculated in Hercules?
Proportionally by square footage. The code's own example: a 1,000-square-foot ADU on a lot with a 2,000-square-foot primary dwelling is charged 50 percent of the applicable Master Fee Schedule residential fee, per Section 13-35.320(4)(B)(1).
Do I owe new sewer or connection fees for my Hercules ADU?
Generally no. Unless the ADU is constructed together with a new single-family dwelling, Section 13-35.320(4)(B)(3) says it is not considered a 'new' residential use for connection fees, sewer facilities fees or capacity charges, so those apply only to the extent they already apply to the existing use.

Sources & Official References

Other rules in Hercules

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