Hercules, CA Accessory Structures: ADU Rental Restrictions (2026)
Key Facts
- Minimum rental term
- 30 days
- Separate sale of ADU
- Prohibited
- Enforcement mechanism
- Recorded deed restriction
- Restriction statute
- Gov't Code § 27281.5
- Applies to
- All ADU types, including JADUs
Summary
Hercules bars ADUs from being rented for stays under 30 days and from being sold apart from the main house. The City requires a recorded deed restriction confirming both limits before it will issue a building permit for the unit.
A copy of a recorded deed restriction that complies with Government Code Section 27281.5, and states that the ADU will not be rented for less than 30 days and that the ADU will not be sold separately from the primary residence... ADUs constructed pursuant to this Section cannot be rented for a term less than 30 days.
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
5, before approving any ADU building permit. That restriction must state that the ADU will not be rented for less than 30 days and that the ADU will not be sold separately from the primary residence. ' Together the two provisions close off both short-term-rental use and any attempt to fractionalize ownership of the lot by selling the ADU independently of the house. The restriction applies regardless of whether the ADU is attached, detached, or built within existing space, and it must run with the land so it binds future owners, not just the applicant who built the unit.
Fees for ADUs of 750 square feet or more are charged in proportion to the primary dwelling's square footage under subsection (4)(B), but ADUs within existing space and units under 750 square feet are fee-exempt, a separate incentive layered on top of the rental restriction to encourage smaller, code-compliant units rather than larger units built for short-term rental income.
Violations & Fines
No standalone penalty clause covers a short-term rental in an ADU, so a violation of the deed-restricted 30-day minimum or an attempted separate sale defaults to Hercules Municipal Code Section 1-4.01: a misdemeanor punishable by up to a $1,000 fine, up to six months' imprisonment, or both, with each day of a continuing violation counted as a separate offense. The City may also enforce the recorded deed restriction directly as a civil covenant against the property owner.
Frequently Asked Questions
Can I list my Hercules ADU on a short-term rental site for weekend stays?
Can I sell the ADU as a separate parcel from my house?
Does the 30-day minimum apply to a JADU too?
Sources & Official References
Other rules in Hercules
California rules heatmap·Compare Hercules to another location·View the California accessory structures overview
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