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Affordable units in new housing (inclusionary) in Hercules

Hercules's own rules on affordable units in new housing (inclusionary), with the code text for every value.

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%

Who this affects

HomeownersContractorsDesigners

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).

General information, not legal advice.

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