Affordable units in new housing (inclusionary) in Hercules

Each rule below links to the section of the Hercules Municipal Code it was read from, with the code text one click away (checked October 2026). General information, not legal advice.

What Hercules's code says

Hercules code What Hercules's code adds
Exemptions	Affordable units may be built off-site instead of some or all of the units in the development. Applies: Needs City Council approval and required findings. § 10-19.105 · code text An applicant may construct the affordable units not physically within the development in lieu of contracting some or all of the affordable units within the development, with the approval of the City Council, if the City Council finds: Land may be dedicated to the City or a City-designated local nonprofit housing developer instead of building some required units. Applies: Needs City Council approval and required findings. § 10-19.105 · code text An applicant may dedicate land to the City or City-designated local non-profit housing developer in lieu of construction of some or all of the required affordable units, if the Council finds: Transfer credits may fully or partly satisfy the affordability requirement. Applies: Credit certificates may only be used for the income category and number of bedrooms for which they were issued. § 10-19.105 · code text An applicant may fully or partially satisfy the requirements of Section 10-19.104(a) of this Chapter through the use of transfer credits created pursuant to Section 10-19.107 of this Chapter.
Fee instead of units	A fee may replace up to 40% of the required affordable units, with City Council approval. Resolution sets the amount. Applies: Applies at the applicant's request. § 10-19.105 · code text The amount of the fee shall be as set forth in a resolution of the City Council, which may be amended from time to time to reflect inflation and changed conditions in the City and the region.
Share of affordable units	10% of all dwelling units must be affordable. Applies: Applies to new residential projects for permanent occupancy, outside redevelopment project areas. § 10-19.104 · code text All new residential development projects designed and intended for permanent occupancy shall construct ten percent (10%) of the total number of dwelling units within the development as affordable units, except as otherwise provided by this Chapter. 20% of the affordable units go to very-low-income households. Applies: Applies outside a redevelopment project area. § 10-19.104 · code text Very-low-income households \| 20% 20% of the affordable units go to low-income households. Applies: Applies outside a redevelopment project area. § 10-19.104 · code text Low-income households \| 20% 40% of the affordable units go to moderate-income households. Applies: Applies outside a redevelopment project area. § 10-19.104 · code text Moderate-income households \| 40% 20% of the affordable units are to meet regional housing need. Applies: Applies outside a redevelopment project area. § 10-19.104 · code text To meet regional housing need \| 20%

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Frequently asked questions

Does Hercules require affordable units in new housing?

Hercules's code: Affordable units may be built off-site instead of some or all of the units in the development. (Needs City Council approval and required findings.) (§ 10-19.105); Land may be dedicated to the City or a City-designated local nonprofit housing developer instead of building some required units. (Needs City Council approval and required findings.) (§ 10-19.105).

Affordable units in new housing (inclusionary) in Hercules

What Hercules's code says

Who this affects

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