ADU Impact Fees: Berkeley vs Hayward
How do adu impact fees rules compare between Berkeley, CA and Hayward, CA?
Hayward has fewer restrictions than Berkeley.
Berkeley, CA
Alameda County
Under California Government Code 65852.2(f)(3) and BMC 23.304, Berkeley ADUs under 750 square feet are exempt from all city impact fees. ADUs 750 square feet or larger pay impact fees proportional to the primary dwelling. Berkeley's permit fees themselves remain among the highest in the East Bay.
View full Berkeley rules βHayward, CA
Alameda County
Under California Government Code 65852.2(f)(3) and HMC 10-1.2740, Hayward ADUs under 750 square feet are exempt from all city impact fees. ADUs 750 sq ft and larger pay impact fees proportional to the primary dwelling's size. Standard building permit and plan-check fees still apply at any size, set by Hayward's Master Fee Schedule.
View full Hayward rules βKey Facts Comparison
| Fact | Berkeley | Hayward |
|---|---|---|
| Authority | Gov. Code 65852.2(f)(3) | Gov. Code 65852.2(f)(3) |
| Sub-750 sq ft ADU | Exempt from all city impact fees | Exempt from all city impact fees |
| 750+ sq ft ADU | Proportional impact fees | Proportional impact fees |
| Permit/Plan Check | ~$4,000-$8,000 (any size) | ~$3,000-$8,000 (any size) |
| Housing Trust Fund Fee | Waived under 750 sq ft | - |
| School Fees | - | Waived under 750 sq ft |
Highlighted rows indicate differences between cities.
Berkeley FAQ
Are Berkeley ADUs charged impact fees?
ADUs under 750 sq ft are exempt from all city impact fees under California Government Code 65852.2(f)(3). This includes Berkeley's Housing Trust Fund Fee, Affordable Housing Mitigation Fee, and BUSD school fees. ADUs 750 sq ft and larger pay proportional fees.
What does a Berkeley ADU cost to permit?
Permit and plan-check fees typically run $4,000-$8,000 - among the highest in the East Bay due to Berkeley's detailed review including seismic, energy, accessibility, and historic resource review. ADUs under 750 sq ft skip all impact fees under state law.
Does Berkeley charge BUSD school fees on an ADU?
Only on ADUs 750 sq ft or larger, and even then proportional to the primary dwelling's size. Berkeley Unified School District's current rate is approximately $5.17/sq ft of residential. The state ADU fee exemption preempts collection on sub-750 sq ft units.
Hayward FAQ
Are Hayward ADUs charged impact fees?
ADUs under 750 sq ft are exempt from all Hayward city impact fees under California Government Code 65852.2(f)(3). This includes Park, Transportation, Public Facilities, and Hayward Unified School District fees. ADUs 750 sq ft and larger pay proportional fees based on size versus the primary dwelling.
What does a Hayward ADU cost to permit?
Permit and plan-check fees typically run $3,000-$8,000 for a detached ADU under Hayward's Master Fee Schedule, based on construction valuation. Sub-750 sq ft ADUs are exempt from impact fees but still pay these permit fees plus EBMUD and sewer connection charges.
Compare other topics
See how Berkeley and Hayward compare on other ordinance categories.
Want to add a third city?
Use our full comparison tool to compare up to three cities.
Open Comparison Tool