(Repealed by Ord. 482)

    On January 27, 2015, Ordinance 482 repealed Ordinance 459 which was adopted June 22, 2010, removing Chapter 29 – Zoning Regulations and Development Standards for Sycamore Crossing from the Zoning Regulations and repealed IPDP #10-01.

The purpose of this Division and Chapter is to:

1. Encourage, classify, regulate, and designate the highest and best location and use of buildings, structures, and land to serve the needs of residences, commerce, industry, public and other land uses in appropriate places.

2. Regulate and limit the height, size, density and placement of buildings and other structures,

3. Regulate and determine the size and extent of setbacks and yards, landscaped areas and usable open spaces associated with a development or use.

4. Facilitate adequate provisions for community infrastructure such as transportation, water, sewage, drainage, parks, schools, open spaces and other public requirements.

5. Lessen congestion on streets and provide for alternative means of transportation such as transit, bicycle and pedestrian facilities.

6. Provide for a variety of specialized, mixed-use districts within appropriate areas of the community. [Ord. 515 § 2, 2018; ZO § 5.100.]

The following zone districts are hereby established as listed below along with the Zoning Map symbol and the General Plan land use designation that is being implemented by the zoning district.

[Ord. 515 § 2, 2018; ZO § 5.200.]

The Zoning Map is hereby made a part of this Title. The “Zoning Map” of the City of Hercules as adopted and attached sets forth the location of all zone districts within the City. All property within the City is placed in zone districts as indicated on the Zoning Map, and no property shall be used except in accordance with zoning designations on the Zoning Map and the provisions of this Title. Overlay districts are at times designated on the Zoning Map or are located by definition within the text, or may be applied upon approval of an application.

All zone changes and amendments to the Zoning Map as set forth in Chapter 13-52 shall be noted on the map with the date of the zone change or amendment and reference to the implementing ordinance. [Ord. 515 § 2, 2018; ZO § 5.210.]

Where a public street or alley or any portion of the same is officially abandoned, the area comprising such vacated street shall acquire the zoning district classification of the adjacent property to which it reverts. [Ord. 515 § 2, 2018; ZO § 5.220.]

Allowable land uses within a zoning district are classified by general land uses rather than extensive lists of specific land uses. The zoning district land use regulations table lists general land uses and uses common to it that may be appropriate as permitted or conditional uses within the zoning district. In most cases, permitted uses will require an administrative use permit as designated within the land use regulations table. In addition, prohibited uses may be identified where such uses may be appropriate within a broad land use category, but are inappropriate for a specific zoning district in the context of the specific purposes of the district and its allowed uses.

The conformance and appropriateness of a specifically proposed use shall be determined by the Community Development Director. When a use is not specifically listed in a classification, the use may be permitted if the Community Development Director determines that the use is similar to others listed in a classification.

In determining conformity, appropriateness and similarity, the Community Development Director shall use the following standards:

1. The proposed use meets the intent of and is consistent with the General Plan description of the land use classification; and is consistent with General Plan goals, objectives, policies and standards.

2. The proposed use meets the stated purpose and general intent of the zoning district in which it is proposed.

3. The proposed use is consistent with or shares common characteristics with and is not of greater intensity or density and will not generate greater environmental impact than uses listed in the zoning district in which it is proposed.

4. The proposed use meets specific standards for similar uses allowed within a zoning district.

5. The proposed use can meet the performance standards for the zoning district along with the general performance standards of the City set forth in Chapter 13-31.

6. The proposed use does not adversely affect the public health, safety or general welfare of the community nor constitute a public nuisance.

The Community Development Director may determine that a specific use does not meet conformance and appropriateness standards, whether or not named within the uses of a zoning district, if its characteristics are substantially incompatible or impacts substantially greater than the uses typical to the zoning district. An appeal of the decision of the Community Development Director may be made to the Planning Commission and City Council as per Chapter 13-44. An appeal of a decision regarding allowable uses must be made in writing within 10 working days of the decision. In reviewing an appeal, the Planning Commission and City Council shall use the criteria set forth in this Section.

Any new use, or any use that cannot be clearly determined to be in an existing use classification, may be incorporated into the zoning regulations by a Zoning Ordinance text amendment if approved by City Council as provided in Chapter 13-51. [Ord. 515 § 2, 2018; ZO § 5.300.]

Upon application or on its own initiative, the Council may add a use to the list of permitted uses prescribed within each zoning district if the Council makes the following findings:

1. That the use will be an appropriate addition to the list of permitted uses because the use has the same basic characteristics as the uses permitted in the district.

2. That the use reasonably can be expected to conform with the required conditions prescribed for the district.

3. That the use will not be detrimental to the public health, safety or general welfare.

4. That the use will not adversely affect the land use character of any district in which it is proposed to be permitted.

5. That the use will not create more vehicular or rail traffic than the volume normally created by any of the uses permitted in the district.

6. That the use will not create more odor, dust, dirt, smoke, noise, vibration, illumination, glare, unsightliness or any other objectionable influence than the amount normally created by any of the uses permitted in the district.

7. That the use will not create any greater hazard of fire or explosion than the hazards normally created by any of the uses permitted in the district.

When a use has been added to a list of permitted uses in accordance with the procedure prescribed in this Section, the use shall be deemed to be listed as a permitted use in the appropriate Section and shall be added to the text of that Section of this Title when it is next published with the notation of the date when the use was added to the list. [Ord. 515 § 2, 2018; ZO § 5.310.]

No site or structure shall be used or designated for uses for any purpose or in any manner other than in conformity with the regulations for the district in which the site or structure is located, or, in the case of a planned development, in conformity with the regulations prescribed in Chapter 13-48. No structure shall be erected and no existing structure or use shall be moved, altered or enlarged except in conformity with the regulations for the district in which the structure or use is located, or, in the case of a planned development, in conformity with the regulations prescribed in Chapter 13-48. No yard or other open space surrounding any structure or use shall be used, encroached upon or reduced in any manner except in conformity with the regulations for the district in which the yard or open space is located, or, in the case of a planned development, in conformity with the regulations prescribed in Chapter 13-48. No site held in 1 ownership at the time of the adoption of the ordinance codified in this Title or at any time thereafter shall be reduced in any manner below the minimum area, frontage, width or depth prescribed for the district in which the site is located. [Ord. 515 § 2, 2018; ZO § 5.320.]

Except as otherwise provided in this Section, a site shown on a duly approved and recorded subdivision map or for which a deed or valid contract of sale was recorded prior to the adoption of the ordinance codified in this Title and which had a legal area, frontage, width and depth at the time that the subdivision map, deed or contract of sale was recorded, but which now has an area, frontage, width or depth less than the minimum prescribed for the zoning district of the site may be used for any permitted use. However, such a site shall be subject to all other regulations for the district in which the site is located, or, in the case of a planned development, in conformity with the regulations prescribed in Chapter 13-48. Two or more adjoining vacant sites, which are in the same ownership as of the date of adoption of the ordinance codified in this Title or subsequent thereto, with continuous frontage and each having an area, width or frontage less than the minimum prescribed for the zoning district of the sites shall be subject to all regulations for their zoning district(s) including minimum area, width and frontage requirements, as if the sites constituted a single parcel of real property. [Ord. 515 § 2, 2018; ZO § 5.330.]

Uses and structures that are subordinate and incidental to the principal use or structure on a site. The range of uses and structures allowed as accessory uses are identified in Section 13-60.200, Definitions. Accessory structures may require an administrative use permit and may have conditions limiting use as determined by the land use regulations for each zoning district. [Ord. 515 § 2, 2018; ZO § 5.340.]

Temporary uses and structures are of limited duration. Examples of temporary uses regulated by the Zoning Ordinance include animal shows, Christmas tree sales, circuses and carnivals, commercial video/filming and production, outdoor retail sales, farmers markets, personal property sales, religious assembly on a temporary site, signage, street fairs, nonrecurring swap meets and flea markets, and trade fairs. Administrative use permits are required in all cases. Nonrecurring garage sales of personal property within residentially zoned and developed areas are exempt from use permit requirements as are City sponsored or public events on City property, school sponsored events on school property and church sponsored events on church property. Nonrecurring shall mean events that are limited in duration to 48 hours and are conducted by a sponsor no more than 3 times in a calendar year. [Ord. 515 § 2, 2018; ZO § 5.350.]

Property development standards are set forth in each zoning district and some overlay districts. Property development standards regulate the development of structures within a property including site area, unit and floor area density, lot size, lot dimensions, setbacks and yards, site coverage, usable open space, height, and references to parking, signage, refuse storage areas, mechanical equipment screening and nonconforming structures. In most cases the standards identify a minimum and/or maximum requirement.

Densities are usually identified as gross densities with a minimum and maximum range with a typical density. The goal of the typical density is to achieve an overall growth target set by the City in its General Plan. However, the density of a property is allowed to vary within the range according to factors such as topography, economic, neighborhood compatibility, provision of affordable housing, market conditions and the capability of a proposed development to further specific goals, policies and standards of the General Plan.

In some cases, property development regulations may vary or be determined through the approval of a planned development plan, Chapter 13-48. In these cases, the property regulations adopted as part of the planned development plan would determine the standards for property development from that point until the planned development plan is rescinded, expires or is amended. Further definition and application of property development standards are presented in Chapter 13-30. [Ord. 515 § 2, 2018; ZO § 5.400.]

Plan review requirements and general application conditions are specified for each zoning district. Applications for administrative or conditional use permits are required for most uses and the development of most structures. In addition there may be application conditions specific to a zoning district that must be met before an application is complete. These conditions may include design review and additional studies and plans, planned development applications, etc. The applications and plans submitted for a development or use also need to address general and specific performance standards. [Ord. 515 § 2, 2018; ZO § 5.500.]

General development and performance standards for development within the City are identified in Division III. In addition, specific performance standards for a zoning district may be required as identified within the performance standards section of each zoning district. All allowed uses are to meet the required performance standards. [Ord. 515 § 2, 2018; ZO § 5.600.]

Zoning clearance shall be implemented through use permit application, development plan and design review. The primary goal of the administrative use permit is to provide a review and recordkeeping mechanism for development and uses within the City in addition to setting forth time periods and minor conditions of approval. Where a particular kind of development does not require a use permit of any kind such as limited accessory structures in some districts, zoning clearance will be met through review of any required building or paving permits. All building permits will be reviewed by the Community Development Director or Chief Building Official to verify that appropriate property regulations, performance standards and conditions of approval are met. A certificate of occupancy is not to be issued until such verification is recorded following the final building permit site inspection. [Ord. 515 § 2, 2018; Ord. 511 § 3, 2018; ZO § 5.700.]

1. In addition to the general purposes listed in Section 13-5.100, the specific purposes of the residential districts are to:

A. Reserve appropriately located areas for family living at a reasonable range of population densities consistent with the General Plan and sound standards of public health and safety.

B. Ensure adequate light, air, privacy, and yard/open space for each dwelling unit and protect residents from public safety hazards and other harmful environmental effects.

C. Preserve as many of the desirable characteristics of single-family residential districts as possible while allowing for associated residential uses such as daycare, rooming and boarding, home occupations, second residential units to the extent that substantial adverse impacts are not caused to adjacent residences.

D. Promote safe and well-designed neighborhoods and encourage new residential development to have an internal circulation system, including pedestrian walkways, bikeways, and access to transit facilities. Ensure provision of public services and facilities to support existing and planned residential densities.

E. Reserve appropriate areas for multifamily dwellings that may be located and designed to be compatible with adjacent land uses and residences.

F. Encourage development of innovative types of housing, including cohousing, congregate care facilities, and other types of housing that may provide low-cost alternatives to typical market-rate housing.

G. Encourage provision of affordable housing units, especially for single persons, single parents, elderly and young families. Provide well-designed, well-built housing units for low- and moderate-income households in mixed-density developments, including planned developments (PDs), avoiding a concentration in any limited area.

H. Provide additional affordable senior citizen housing. Encourage provision of senior housing by considering density bonuses where senior projects are desirable and compatible with special senior needs.

I. Allow for public and quasi-public land uses to complement residential development within close access such as schools, churches and daycare facilities; provided, that substantial adverse impacts such as traffic congestion, increased noise (ambient or episodic) or full use of available on-street parking, or other similar impacts are not caused on nearby residences.

2. The additional purposes of each residential zoning district are:

A. RS-E Residential Single-Family Estate. To provide sites for estate homes on larger lots to be developed with custom built and individually designed homes with a gross density of 1 or 2 units per acre and a minimum parcel size of 0.5 acre. Specific densities are assigned on the Zoning Map.

B. RS-L Residential Single-Family Low Density. To provide areas for single-family housing on smaller lots that will generally be developed as part of a larger planned subdivision where a limited number of models of varied exterior designs are built in a random pattern on individual lots with a gross density of 2 to 7 units per acre and a minimum parcel size of 6,000 square feet unless a smaller lot size is allowed by an approved planned development (PD).

C. RM-L Residential Multifamily Low Density. To provide sites for low-density multifamily housing such as townhouses, condominiums and apartments, and medium-density single-family housing that incorporate good design and amenities with a gross density up to 12 units per acre (midrange density of 9 units per acre). The minimum parcel size for multifamily housing is 3 acres. The minimum lot size for single-family housing is 4,000 square feet unless a smaller lot size is allowed by an approved planned development (PD).

D. RM-M Residential Multifamily Medium Density. To provide sites for medium-density multifamily housing such as townhouses, condominiums and apartments that incorporate good design and amenities with a gross density of 12 to 30 units per acre (midrange density of 20 units per acre) and a minimum parcel size of 5 acres.

E. RM-H Residential Multifamily High Density. To provide sites for high-density multifamily housing, typically located near public transit centers, adequate streets, shopping centers or other high-activity areas and that incorporate good design and amenities with a gross density of 30 to 55 units per acre (midrange density of 42 units per acre) and a minimum parcel size of 15 acres. [Ord. 551 § 2, 2024; Ord. 544 § 3, 2023; Ord. 543 § 3, 2023; Ord. 515 § 2, 2018; ZO § 6.100.]

Plans for all new and expanded development and uses shall be submitted to the Community Development Director as per Section 13-40.300. The following general conditions shall apply to all areas designated for residential use within this Chapter:

1. All new and expanded residential development shall apply for an administrative or conditional use permit. Administrative use permit review of new single-family homes, additions and remodels shall be limited to conformance with development regulations specified or referenced within this Chapter.

2. All new and expanded development except for additions and remodels shall also be subject to Chapter 13-42, Design Review.

3. Repealed by Ord. 553. [Ord. 553 § 2, 2024; Ord. 544 § 3, 2023; Ord. 543 § 3, 2023; Ord. 515 § 2, 2018; ZO § 6.200.]

The standard performance standards for development specified in Chapter 13-31 shall be met. In addition, the following specific performance standards shall be met:

1. Residential streets shall be designed in relation to the needed capacity and the adjoining housing patterns while discouraging through traffic on local streets.

2. Existing residential structures of architectural or historic significance are to be restored and maintained.

3. New residential areas shall be designed to avoid conflict with major streets or thoroughfares, and should provide access to transit facilities to encourage safe and convenient alternatives to private auto.

4. Multifamily residential land shall be developed with a balance of open space, landscaping, and recreational amenities and should be easily accessible to commercial and recreational areas and public transportation.

5. Upon reinstitution of the inclusionary housing ordinance, new residential development shall include a minimum 10 percent of the total number of units for affordable housing. No in-lieu fees will be accepted by the City unless the developer can establish extraordinary circumstances for not providing affordable housing or unless an agreement predating the adoption of the 1996 General Plan Amendment provides otherwise.

A density bonus may be provided, along with the waiver of fees and the relaxation of development standards, in exchange for low income or senior housing provided, as per Section 65915 of the California Government Code, as may be amended

6. The use of solar systems, both active and passive designs, is encouraged in new residential development. [Ord. 551 § 2, 2024; Ord. 544 § 3, 2023; Ord. 543 § 3, 2023; Ord. 515 § 2, 2018; Ord. 484 § 13, 2015; ZO § 6.300.]

All new and expanded development and uses that are allowed in the residential zoning districts are identified in Table 13-6.1. The following uses may be permitted in the designated residential zoning districts subject to compliance with Chapter 13-49 and approval by the Community Development Director. Use permits, administrative or conditional, are required for all new and expanded residential development.

Single story detached accessory structures under 8 feet tall and 120 square feet total area for the site are exempt from use permit requirements in the RS-E, RS-L and RM-L districts. Minor utilities such as public street lighting and traffic signals, electrical distribution lines, telephone lines, cable lines, and underground water, sewer and drainage mains and pipes that are necessary to support legally established uses are exempt from use permit requirements in all residential districts. [Ord. 544 § 3, 2023; Ord. 543 § 3, 2023; Ord. 515 § 2, 2018; ZO § 6.400.]

The development regulations presented in Table 13-6.2 establish basic site and design requirements for residential zoning districts. All regulation standards are minimum amounts unless otherwise stated.

[Ord. 554 § 2, 2025; Ord. 549 § 3, 2024; Ord. 544 § 3, 2023; Ord. 543 § 3, 2023; Ord. 515 § 2, 2018; Ord. 506 § 4, 2018; Ord. 496 § 2, 2016; Ord. 484 § 3, 2015; Ord. 390 § 1, 2004; ZO § 6.500.]

In addition to the general purposes listed in Section 13-5.100, the specific purposes of the mobile home park district are to:

1. Reserve appropriately located areas for mobile home parks.

2. Provide for reasonable densities consistent with sound standards of public health and safety.

3. Assure adequate light, air, privacy and open space for each mobile home coach.

4. Provide for adequate open space, landscaped areas, and community recreation.

5. Establish standards for mobile home park traffic circulation and parking facilities. [Ord. 544 § 3, 2023; Ord. 515 § 2, 2018; ZO § 7.100.]

Plans for all new and expanded development and uses shall be submitted to the Community Development Director as per Section 13-40.300. The following general conditions shall apply to all areas designated for mobile home park use within this Chapter.

1. All new and expanded residential development shall apply for an administrative or conditional use permit. Administrative use permit review of new mobile homes, additions and remodels shall be limited to conformance with development regulations specified or referenced within this Chapter.

2. All new and expanded development except for additions and remodels shall also be subject to Chapter 13-42, Design Review.

3. Mobile home parks shall require a planned development plan as per Chapter 13-48. [Ord. 544 § 3, 2023; Ord. 515 § 2, 2018; ZO § 7.200.]

The standard performance standards for development specified in Chapter 13-31 shall be met. In addition, the following specific performance standards shall be met:

1. Residential streets shall be designed in relation to the needed capacity and the adjoining housing patterns while discouraging through traffic on local streets.

2. New residential areas shall be designed to avoid conflict with major streets or thoroughfares, and should provide access to transit facilities to encourage safe and convenient alternatives to the private auto.

3. Mobile home parks shall be developed with a balance of open space, landscaping, and recreational amenities and should be easily accessible to commercial and recreational areas and public transportation.

4. Each mobile home shall be equipped with skirting, or provided with a support pad which is recessed to give the appearance of the mobile home being located on grade.

5. A common recreation area which should include a recreation building shall be provided within the park for the use of all residents and their guests. A total of 200 square feet of common recreation area shall be provided for each mobile home space.

6. Landscaping and Screening.

A. The exterior boundaries of the mobile home park shall appear similar to planned residential developments and shall be compatible in design with any neighboring residential areas, and shall be screened by a decorative wall or fence with a minimum 5-foot-wide landscaped area provided along the interior of the wall or fence.

B. A 10-foot landscaped area between any adjoining public street or property and the screening wall or fence shall be provided.

C. One tree shall be provided for each mobile home coach in addition to landscaping in common recreation areas or landscaped buffers.

D. All areas not used for access, parking, circulation, structures, and services shall be completely and permanently landscaped and the entire site shall be maintained in good condition.

7. No sign, outdoor advertising structure, or display of any character shall be permitted except as prescribed in the provisions regulating signs. [Ord. 544 § 3, 2023; Ord. 515 § 2, 2018; ZO § 7.300.]

All new and expanded development and uses that are allowed in the mobile home park district are identified in Table 13-7.1. The following uses may be allowed subject to compliance with Chapter 13-49 and approval by the Community Development Director. Use permits, administrative or conditional, are required for all new and expanded mobile home park development.

Single story detached accessory structures under 100 square feet and 10 feet tall are exempt from use permit requirements in the mobile home park district. Minor utilities such as public street lighting and traffic signals, electrical distribution lines, telephone lines, cable lines, and underground water, sewer and drainage mains and pipes that are necessary to support legally established uses are exempt from use permit requirements.

[Ord. 544 § 3, 2023; Ord. 515 § 2, 2018; ZO § 7.400.]

The development regulations presented in Table 13-7.2 establish basic site and design requirements for residential zoning districts. All regulation standards are minimum amounts unless otherwise stated.

[Ord. 544 § 3, 2023; Ord. 515 § 2, 2018; ZO § 7.500.]

1. In addition to the general purposes listed in Section 13-5.100, the specific purposes of the commercial districts are to:

A. Reserve appropriately located areas for a full range of retail commercial, service commercial and professional and administrative offices consistent with the General Plan.

B. Provide an opportunity for retail stores and offices to concentrate for the convenience of the public in a mutually beneficial relationship to each other and to provide commodities and services that will meet the needs of the community and neighborhood areas they serve.

C. Give favorable consideration to new retail development that would generate substantial new sales, for businesses that would provide substantial employment, high growth technical businesses (particularly bio-tech, flex office and incubator uses), health care services, restaurants and innovative mixed-use development proposals. Encourage uses that bring additional revenues (retail sales, property tax) either directly or indirectly to the City.

D. Create a strong and successful focus or center for business and activities that would provide services, shopping opportunities which would attract employees, clients, and patrons from a regional area, while not disturbing existing residential and community oriented areas. Where appropriate, allow limited commercial uses in residential areas to promote access to services.

E. Encourage local and regional commercial uses that can benefit from substantial regional traffic on I-80, SR-4, and San Pablo Avenue.

F. Promote development of a regional commercial recreation center or complex.

G. Expand the range of recreational activities and opportunities available in the community and allow for a mix of private commercial and public/semi-public recreation and support uses that contribute to a full service recreational facility within a property or project.

H. Provide sites for public and quasi-public uses needed to complement commercial development.

2. The additional purposes of each commercial zoning district are:

A. CG General Commercial. To permit a wide variety of commercial uses that will attract clientele from both Hercules and adjacent communities as well as those using I-80 and Highway 4. The character of the buildings will typically be suburban in nature and 1 to 2 stories in height, with a FAR of 0.20 to 1.00 (typical FAR of 0.30). Higher height may be allowed; provided, that such height conforms to the overall character of the development and does not adversely impact surrounding development.

B. CC Community Commercial. To accommodate commercial development including retail, office, and service uses that serve residents and employees within the City with a FAR of 0.20 to 1.00 (typical FAR of 0.25). Generally, the location of these areas lack direct access and visibility from regional routes, effectively excluding businesses that require patronage from a regional market.

C. CR Recreational Commercial. To allow properties to be developed and used for recreational activities that are conducted as a business with a FAR of 0.20 to 0.40 (typical FAR of 0.25). Recreational Commercial sites can vary widely in size according to use, from less than 1 acre (batting cages) to more than 100 acres (golf course). However, the site is to be of sufficient size to accommodate the recreational facilities and activities without impacting surrounding properties. [Ord. 515 § 2, 2018; ZO § 8.100.]

Plans for all new and expanded development and uses shall be submitted to the Community Development Director as per Section 13-40.300. The following general conditions shall apply to all areas designated for commercial use within this Chapter.

1. All new and expanded commercial development shall apply for an administrative or conditional use permit and shall be subject to Chapter 13-42, Design Review.

2. General Commercial and Community Commercial projects of 10 acres or more and all Recreational Commercial projects shall require a planned development plan as per Chapter 13-48.

3. A lighting and fencing plan is to be prepared as part of the planned development plan for Recreational Commercial projects to minimize night lighting and recreational activity impacts on adjacent properties, especially those with residential uses.

4. New and expanded recreational commercial facilities and activities that are expected to generate significant noise levels shall have a noise management plan approved as part of the planned development plan or the use permit. [Ord. 515 § 2, 2018; ZO § 8.200.]

The standard performance standards for development specified in Chapter 13-31 shall be met. In addition, the following specific performance standards shall be met:

1. The planning and development of commercial areas shall minimize the effects on existing residential areas.

2. Provide pathways and bicycle racks or storage facilities to encourage pedestrian and bicycle travel for home to work and home to local shopping trips.

3. Adequate fencing is to be provided and maintained to reasonably contain recreational activities and equipment within the property.

4. Noise from recreational activities and equipment should be controlled through facility design and operations to meet community noise standards, especially in areas with adjacent residential uses. [Ord. 515 § 2, 2018; ZO § 8.300.]

All new and expanded development and uses that are allowed in the commercial zoning districts are identified in Table 13-8.1. The following uses may be permitted in the designated commercial zoning districts subject to compliance with Chapter 13-49 and approval by the Community Development Director. Use permits, administrative or conditional, are required for all new and expanded commercial development. [Ord. 515 § 2, 2018; ZO § 8.400.]

The property development regulations presented in Table 13-8.2 establish basic site and design requirements for commercial zoning districts. All regulation standards are minimum amounts unless otherwise stated.

o

[Ord. 515 § 2, 2018; Ord. 512 § 2, 2018; Ord. 484 § 4, 2015; ZO § 8.500.]

1. In addition to the general purposes listed in Section 13-5.100, the specific purposes of the industrial district are to:

A. Reserve appropriately located areas for heavy and light industrial uses consistent with the General Plan and the character of Hercules.

B. Provide an opportunity for industrial uses to concentrate for the efficiency of larger industries and to allow for buffers from sensitive residential and public uses in a manner that does not expose residents to significant environmental risk.

C. Strengthen the City’s economic base and provide for economic diversity, employment and an adequate daytime population within the City.

D. Allow for new light industrial uses related to evolving technologies, research and development, communications, and information processing.

2. The additional purposes of the industrial zoning district are:

A. I Industrial. To permit a limited range of heavy industry that is associated with historic heavy industrial uses with the City and to permit a variety of light industrial uses with emphasis on encouraging uses and facilities related to the development, production, and support of evolving technologies. New industrial development is typically to be 1 to 2 stories in height, with a FAR of 0.30 to 0.50 (typical FAR of 0.40). [Ord. 515 § 2, 2018; ZO § 9.100.]

Plans for all new and expanded development and uses shall be submitted to the Community Development Director as per Section 13-40.300. The following general conditions shall apply to all areas designated for industrial use within this Chapter.

1. All new, expanded and relocated industrial development shall apply for an administrative or conditional use permit, and shall be subject to Chapter 13-42, Design Review.

2. Industrial projects of 10 acres or more shall require a planned development plan as per Chapter 13-48. [Ord. 515 § 2, 2018; ZO § 9.200.]

The standard performance standards for development specified in Chapter 13-31 shall be met. In addition, the following specific performance standards shall be met:

1. The planning and development of industrial areas shall minimize the effects on existing residential areas.

2. New industrial uses that may reasonably be expected to generate substantial odor, dust, noise, vibration, water quality, air quality, public safety, or toxic and hazardous material impacts are prohibited. Existing heavy industrial uses that generate such impacts shall be required to reduce impact levels as a condition for expansion, relocation or change of use.

3. A hazardous materials management plan to regulate use of hazardous materials within the facility and to provide for the storage and disposal of small amounts of hazardous wastes that may be generated is to be prepared and submitted as part of the use permit application. [Ord. 515 § 2, 2018; ZO § 9.300.]

All new and expanded development and uses that are allowed in the industrial zoning district are identified in Table 13-9.1. These uses may be permitted in the industrial zoning district subject to compliance with Chapter 13-49 and approval by the Community Development Director. The industrial use classifications use very general categories which may allow a wide variety of heavy, light, and R&D industrial uses subject to the ability to meet industrial and citywide performance standards. Use permits, administrative or conditional, are required for all new and expanded industrial development. [Ord. 515 § 2, 2018; ZO § 9.400.]

The property development regulations presented in Table 13-9.2 establish basic site and design requirements for the industrial zoning district. All regulation standards are minimum amounts unless otherwise stated.

[Ord. 515 § 2, 2018; ZO § 9.500.]

1. In addition to the general purposes listed in Section 13-5.100, the specific purposes of the public/quasi-public districts are to:

A. Allow for public and quasi-public uses in the public designations of Park, Open Space, Public—City, and Public—School specified on the General Plan land use designations map.

B. Develop and maintain trail systems, open space, and other public amenities that benefit the quality of life in the community.

C. Provide open spaces, recreational trails and buffer zones along the Bay.

D. Designate existing school sites and reserve appropriate park sites adjacent to school sites.

E. Designate existing City offices and facilities and reserve sites for future development and expansion of municipal facilities.

F. Designate existing park areas and reserve sites and expansion areas for future parks and public recreation areas.

G. Designate and preserve public open spaces and open space areas dedicated through the development of existing and future projects.

H. Promote the development of a low- and moderate-income senior apartment project on a City-owned site.

2. The additional purposes of the public/quasi-public zoning districts are:

A. P/QP-C Public/Quasi-Public—City. To permit an appropriate range of local governmental and quasi-public land uses and services within the City. City of Hercules governmental offices, public safety facilities and infrastructure/utility facilities are expected to be the main uses. Senior housing may also be allowed on an appropriate publicly owned site. New development is typically to be 1 to 2 stories in height, with a FAR of 0.30 to 1.00 (typical FAR of 0.40).

B. P/QP-O Public/Quasi-Public—Open Space. To designate and preserve public open spaces within the City. Most of these open spaces are dedicated to open space use as a result of past residential development. This designation is also appropriate for future open space dedications within the hills, along the Bay, within sensitive habitat areas such as wetlands, and along the Refugio Creek corridor. Development would not typically be allowed within this area except for recreation facilities, caretaker housing and accessory structures directly related to the use and maintenance of an open space area. Any developed facilities allowed by use permit in P/QP-O zone shall meet P/QP-P regulations.

C. P/QP-P Public/Quasi-Public—Park. To designate and permit public park and recreation areas within the City. The parks are improved and natural areas with facilities for active and passive recreation use. Other public and quasi-public uses associated and compatible with recreational use of a park may be allowed by use permit as noted in Table 13-10.1. New park facility development is typically to be 1 to 2 stories in height, with a FAR of 0.10 to 0.40 (typical FAR of 0.25).

D. P/QP-S Public/Quasi-Public—School. To designate and reserve sites for schools within the City. The designated school sites include existing and proposed public schools. School land uses include school buildings, “portables,” athletic facilities and associated utilities. Other public and quasi-public uses associated and compatible with school operations may be allowed by use permit as noted in Table 13-10.1. New school facility development is typically to be 1 to 2 stories in height, with a FAR of 0.20 to 1.00 (typical FAR of 0.40). [Ord. 515 § 2, 2018; ZO § 10.100.]

Plans for all new and expanded development and uses shall be submitted to the Community Development Director as per Section 13-40.300. The following general conditions shall apply to all areas designated for public/quasi-public uses within this Chapter.

1. All new and expanded development shall be subject to Chapter 13-42, Design Review.

2. All new and expanded public and quasi-public development shall apply for an administrative or conditional use permit.

3. Repealed by Ord. 553. [Ord. 553 § 2, 2024; Ord. 515 § 2, 2018; ZO § 10.200.]

The standard performance standards for development specified in Chapter 13-31 shall be met. In addition, the following specific performance standards shall be met:

1. An open space buffer zone to protect tidal habitat is to be along the Bay when designing a bay access trail linkage between Pinole and Rodeo. Public access and pedestrian pathways shall be limited within the buffer zone, and when possible, located along the edges of the buffer zone. Bicycles shall be encouraged to stay on bike paths through the use of signage and fencing.

2. The City will practice water conservation in management of parks and requirements for landscape design development.

3. No critical facility or school shall be permitted in areas subject to very strong ground shaking or ground failure until an evaluation of alternative sites with reduced earthquake and flood hazards is completed. An alternative site feasibility assessment shall include a consideration of sites in areas with lesser earthquake (and flood) hazards in addition to considerations of service area, accessibility, and economic considerations. If the alternative site feasibility study for a critical facility or school were to indicate that other less hazardous sites are not available for the critical facility, then geotechnical studies and structural design processes for the facility would be conducted in compliance with State of California requirements and recommendations of the Seismic Safety Commission.

For the other types of public/quasi-public facilities, the alternative site feasibility assessment will be an optional requirement of the City (an alternatives site evaluation may be required under CEQA). A rigorous geotechnical evaluation and structural design process will be required to ensure that the proposed structures perform in major earthquakes without creating a life safety hazard to occupants or people in surrounding areas. [Ord. 515 § 2, 2018; ZO § 10.300.]

All new and expanded development and uses that are allowed in the public/quasi-public zoning districts are identified in Table 13-10.1. These uses may be permitted in the public/quasi-public zoning districts subject to compliance with Chapter 13-49 and approval by the Community Development Director. Open space areas with natural areas and passive use on lawn areas and trails are permitted without being subject to use permit approval.

[Ord. 515 § 2, 2018; ZO § 10.400.]

The property development regulations presented in Table 13-10.2 establish basic site and design requirements for the public/quasi-public zoning districts. All regulation standards are minimum amounts unless otherwise stated.

[Ord. 515 § 2, 2018; ZO § 10.500.]

In addition to the general purposes listed in Section 13-5.100, the specific purposes of the CP commercial public mixed-use district are to:

1. To encourage development of multiple, interrelated uses at transit stations or transfer centers by allowing public transit and related uses to combine with general commercial uses in an integrated mixed-use development.

2. To provide transit users with opportunities to reduce vehicle travel through the provision of goods and services at or near to transit stations.

3. To promote transit use through the provision of attractive and convenient multiple use transit stations or centers.

4. To promote regional employment opportunities based on access to regional transit facilities.

5. Work with BART to develop both short-term and long-term transit facility uses on the BART site in Hercules including commercial-retail uses or transit rail line extensions. [Ord. 515 § 2, 2018; ZO § 11.100.]

Plans for all new and expanded development and uses shall be submitted to the Community Development Director as per Section 13-40.300. The following general conditions shall apply to all areas designated CP Commercial Public.

1. All new and expanded development shall be subject to Chapter 13-42, Design Review, and Chapter 13-48, Planned Development.

2. All new and expanded uses shall be consistent with an adopted planned development plan for the property and shall require an administrative or conditional use permit.

3. The transit and commercial structures are to be located and designed as a unified development with an emphasis on pedestrian access to and from the transit station component of the development.

4. The site and facilities are to be designed to provide attractive frontages along adjacent public highway and street rights-of-way, especially the designated scenic route of San Pablo Avenue. [Ord. 515 § 2, 2018; ZO § 11.200.]

The standard performance standards for development specified in Chapter 13-31 shall be met. In addition, the following specific performance standards shall be met:

1. Design. Transit facilities and other structures shall be designed with an architectural theme that is consistent with intense use of the site and surrounding development within the City.

2. Light and Glare. Night lighting shall be located and designed to provide adequate visibility and security within the site while minimizing glare on adjacent streets and properties.

3. Landscaping. Street trees are to be provided along all public street or highway frontages. [Ord. 515 § 2, 2018; ZO § 11.300.]

All new and expanded development allowed in the CP commercial public area is identified below. The following uses may be permitted in the commercial public mixed-use district subject a conditional or administrative use permit and compliance with Chapter 13-49.

Other uses that can be shown to support mass transit, benefit from the availability of mass transit, provide goods and services to transit users, or contribute to creating a full service transit-oriented commercial public facility may be allowed within the CP commercial public district subject to approval of a conditional use permit. [Ord. 515 § 2, 2018; ZO § 11.400.]

The property development regulations presented in Table 13-11.1 establish basic site and design requirements for the CP commercial public zoning district. All regulation standards are minimum amounts unless otherwise stated.

[Ord. 515 § 2, 2018; ZO § 11.500.]

1. In addition to the general purposes listed in Section 13-5.100, the specific purposes of the HTC historic town center district are to:

A. Preserve the historic design and character of the area’s buildings and allow the reuse of existing structures, where appropriate, such as the Clubhouse which is to be retained as a community center.

B. Allow the addition of new buildings while maintaining the architectural quality of the area.

C. Promote the development of Railroad Avenue into the “Main Street” of the historic town center district.

D. Provide for a variety of professional, administrative and personal service offices as well as retail businesses that support the offices and provide services and goods to visitors of the adjacent waterfront area.

E. Allow for multifamily dwellings in areas separated from Railroad Avenue by existing or planned buildings if compatible with adjacent existing and planned development.

F. Incorporate visual and physical access to the Bay shoreline within project designs.

G. Establish view corridors and viewpoints to protect and promote views to the Bay.

2. The additional purposes of the historic town center zoning district are:

A. HTC Historic Town Center. To permit a wide range of office and administrative uses along with supporting retail commercial uses while retaining the historic character of the area. To also allow for multifamily residential uses if compatible with existing and planned development. New development is typically to be 1 to 3 stories in height, with a FAR of 0.15 to 0.40 (typical FAR of 0.20) and a residential density of up to 17 units per acre with no more than 40 units to be developed within the district. [Ord. 544 § 3, 2023; Ord. 515 § 2, 2018; ZO § 12.100.]

Plans for all new and expanded development and uses shall be submitted to the Community Development Director as per Section 13-40.300. The following general conditions shall apply to all areas designated HTC historic town center.

1. All new and expanded commercial and office development shall be subject to Chapter 13-42, Design Review, and if over 1 acre shall be subject to Chapter 13-48, Planned Development Plans.

2. All new and expanded uses shall be consistent with an adopted planned development plan for the property and shall require an administrative or conditional use permit. Open space areas with natural areas and passive use on lawn areas and trails are permitted without being subject to use permit approval.

3. All new and expanded residential development shall be subject to Chapter 13-42, Design Review, and to Chapter 13-48, Planned Development Plans. [Ord. 544 § 3, 2023; Ord. 515 § 2, 2018; ZO § 12.200.]

The standard performance standards for development specified in Chapter 13-31 shall be met. In addition, the following specific performance standards shall be met:

1. Design guidelines addressing building architecture, historic design styles and elevations, and compatible fencing, landscaping, lighting, and accessory structures shall be prepared prior to approval of new and expanded development within this district. All new and expanded development shall comply with the adopted design guidelines for the site.

2. Light and Glare. Structures should use nonreflective surfaces, and night lighting is to be designed to minimize glare within the historic district.

3. Pedestrian Trail. Public access along the existing pedestrian trail shall be maintained.

4. Soils and Geology. Where possible, development of buildings over areas of Bay mud should be avoided. Development shall meet all requirements of geology and soils reports.

5. Noise. Predrilling shall be required for driving piles in the historic area. [Ord. 544 § 3, 2023; Ord. 515 § 2, 2018; ZO § 12.300.]

All new and expanded development and uses that are allowed in the HTC historic town center zoning district are identified in Table 13-12.1. These uses may be permitted in the HTC historic town center zoning district subject to compliance with Chapter 13-49 and approval by the Community Development Director. [Ord. 544 § 3, 2023; Ord. 515 § 2, 2018; ZO § 12.400.]

The property development regulations presented in Table 13-12.2 establish basic site and design requirements for the HTC historic town center zoning district. All regulation standards are minimum amounts unless otherwise stated.

[Ord. 554 § 2, 2025; Ord. 549 § 3, 2024; Ord. 544 § 3, 2023; Ord. 515 § 2, 2018; Ord. 484 § 5, 2015; ZO § 12.500.]

In addition to the general purposes listed in Section 13-5.100, the specific purposes of the I-R industrial residential mixed-use district are to:

1. Create the opportunity for an integrated mixture of residential space and workspace in the same structure. The residential space, generally located above the workspace such as a loft, is to provide a living area for persons employed in the work space.

2. Provide lower cost, leasable or owner occupied space for start-up companies, craft workshops, cottage industries, or other businesses that require less support services or amenities than R & D or office uses and are not of an intense industrial nature incompatible with shared residential use.

3. Provide an attractive, lower cost alternative for small scale point of sale enterprises with low traffic generation such as mail order businesses.

4. Create an additional alternative and incentive for the adaptive reuse of industrial, warehouse and office buildings.

5. Attract residents interested in establishing smaller scale start-up and cottage industries in a live-work facility.

6. Allow small scale and lower intensity industrial uses that are generally compatible with the air quality, noise, vibration, and safety standards associated with residential use. [Ord. 515 § 2, 2018; ZO § 13.100.]

Plans for all new and expanded development and uses shall be submitted to the Community Development Director as per Section 13-40.300. The following general conditions shall apply to all areas designated I-R Industrial Residential.

1. All new and expanded development shall be subject to Chapter 13-42, Design Review, and Chapter 13-48, Planned Development.

2. All new and expanded uses shall be consistent with an adopted planned development plan for the property and shall require an administrative or conditional use permit.

3. Adequate parking shall be provided on site that takes into account the different peak parking demand periods of residential and employment activities.

4. The facility should be designed to use parking areas, garages and landscaping as buffers for noise, light and glare.

5. A hazardous materials management plan for the facility is to be prepared as part of the Master Development Plan to regulate use of hazardous materials within the facility and to provide for the storage and disposal of small amounts of hazardous wastes that may be generated.

6. Standards for the generation of noise, vibration and odors within the live-work areas of the facility and procedures to ensure compliance are to be prepared as part of the Master Development Plan.

7. On-premises sales of goods not produced within the live-work units is not permitted unless such goods are an incidental and essential complement to the goods produced within the unit.

8. Work or employment within a live-work unit shall be limited to persons living within the unit and not more than 1 person not living within the unit. [Ord. 515 § 2, 2018; ZO § 13.200.]

The standard performance standards for development specified in Chapter 13-31 shall be met. In addition, the following specific performance standards shall be met:

1. Live-Work Area. A minimum of 600 square feet of living area including bathroom, kitchen and sleeping area is to be provided within each live-work unit. Residential space within a live-work unit is not to exceed 1,500 square feet, unless so specified in the Master Development Plan. Not more than 50 percent of the floor area of each live-work unit shall be devoted to living area.

2. Usable Open Space. A minimum of 50 square feet of private or common usable open space shall be provide for every live-work unit. This may be provided on outdoor landscaped areas open to private or common access, or as decks, balconies, porches, or rooftop open space. The open spaces shall be designed and oriented to minimize wind exposure and maximize sun exposure.

3. Ventilation. Live-work units are to have an adequate ventilation system to serve the range of uses that could be allowed. Each live-work unit is to have at least 1 standard size window that can be opened to the outside.

4. Noise Insulation. Live-work units are to have adequate noise insulation and are to attenuate noise levels to 50 dBA or better within the living area of the unit from the noise levels generated by the range of uses that could be allowed in adjacent units.

5. Hazardous Materials. Small amounts of hazardous materials may be allowed for use within a live-work unit, as specified in the use permit, if such use does not impact the health or safety of the live-work resident or other residents within or adjacent to the building. All hazardous materials must comply with use permit specifications and be stored and disposed of according to building regulations and applicable City, State and Federal laws.

6. Safety. Live-work units and buildings must comply with any additional requirements imposed by the Building, Fire, Planning, Police, and Public Works Departments intended to protect public health, safety and welfare. [Ord. 515 § 2, 2018; Ord. 405, 2005; ZO § 13.300.]

All new and expanded development and uses that are allowed in I-R industrial residential mixed-use district are identified in Table 13-13.1. These uses may be permitted in I-R industrial residential mixed-use district subject to compliance with Chapter 13-49 and approval by the Community Development Director. Table 13-13.1 also lists inappropriate uses that may be generally thought to be possible within a light industrial district, but which have incompatible characteristics with the purposes and allowed uses of the I-R district.

Other uses of an industrial or commercial nature that generate low volumes of traffic, can benefit from a live-work arrangement, and can be shown to be compatible with the allowed live-work industrial uses may be allowed pending approval of a conditional use permit. [Ord. 515 § 2, 2018; ZO § 13.400.]

The property development regulations presented in Table 13-13.2 establish basic site and design requirements for the I-R industrial residential mixed-use district. All regulation standards are minimum amounts unless otherwise stated.

[Ord. 515 § 2, 2018; ZO § 13.500.]

In addition to the general purposes listed in Section 13-5.100, the specific purposes of the PC-I planned commercial industrial mixed-use district are to:

1. Accommodate commercial or industrial uses on properties adjacent to and visible from I-80 and State Route 4 in a manner that preserves visibility from these highways.

2. Provide attractive site planning and architectural guidelines for development within these highly visible areas of the City.

3. Allow warehouse, distribution and wholesales uses within this district if they directly serve or are essential to businesses in Hercules.

4. Allow for new light industrial uses related to R & D, manufacturing, and business industrial services. [Ord. 515 § 2, 2018; ZO § 14.100.]

Plans for all new and expanded development and uses shall be submitted to the Community Development Director as per Section 13-40.300. The following general conditions shall apply to all areas designated PC-I Planned Commercial Industrial.

1. All new and expanded development shall be subject to Chapter 13-42, Design Review, and Chapter 13-48, Planned Development.

2. All new and expanded uses shall be consistent with an adopted planned development plan for the property and shall require an administrative or conditional use permit. The planned development plan for properties in this district shall also include provisions for sewer capacity and other infrastructure, access to public streets, adequate parking, architectural guidelines or controls, and landscaping.

3. A hazardous materials management plan for the facility is to be prepared as part of the planned development plan to regulate use of hazardous materials within the facility and to provide for the storage and disposal of small amounts of hazardous wastes that may be generated. [Ord. 515 § 2, 2018; ZO § 14.200.]

The standard performance standards for development specified in Chapter 13-31 shall be met. In addition, the following specific performance standards shall be met:

1. Design. Structures shall be designed with an attractive architectural theme for the allowed commercial, office and light industrial development that will be viewed at the gateway to the City. Properties within the zoning district are to be developed for light industry or commercial and office use which is to be reflected by the site plan and architectural design theme.

2. Public Health and Safety. New industrial uses that may reasonably be expected to generate substantial odor, dust, noise, vibration, water quality, air quality, public safety, or toxic and hazardous material impacts are prohibited. Existing heavy industrial uses that generate such impacts shall be required to reduce impact levels as a condition for expansion or change of use. [Ord. 515 § 2, 2018; ZO § 14.300.]

All new and expanded development and uses that are allowed in the PC-I planned commercial industrial mixed-use district are identified in Table 13-14.1. These uses may be subject to compliance with Chapter 13-49 and approval by the Community Development Director. Warehouse, distribution and wholesales uses within this district may only be allowed if they directly serve or are essential to businesses in Hercules.

Other uses of an industrial or commercial nature that generate low volumes of traffic and can be shown to be compatible with permitted uses may be allowed pending approval of a conditional use permit. [Ord. 515 § 2, 2018; ZO § 14.400.]

The property development regulations presented in Table 13-14.2 establish basic site and design requirements for the PC-I planned commercial industrial mixed-use district. All regulation standards are minimum amounts unless otherwise stated.

[Ord. 515 § 2, 2018; ZO § 14.500.]

In addition to the general purposes listed in Section 13-5.100, the specific purposes of the PC-R planned commercial residential mixed-use district are to:

1. Provide the opportunity to accommodate both residential and commercial uses in a well planned mixed-use development.

2. Provide the opportunity for an integrated mixture of residential and commercial employment generating uses within the same structure or site.

3. Allow lower cost live-work opportunities for start-up commercial enterprises and other smaller scale point of sale enterprises that are compatible with the residential and commercial uses within the building or site.

4. Provide the opportunity for upper floor residential over ground floor commercial uses.

5. Encourage mixed-use development that could minimize vehicle use. [Ord. 544 § 3, 2023; Ord. 543 § 3, 2023; Ord. 515 § 2, 2018; Ord. 451 § 2 (Exh. B), 2009; ZO § 15.100.]

Plans for all new and expanded development and uses shall be submitted to the Community Development Director as per Section 13-40.300. The following general conditions shall apply to all areas designated PC-R planned commercial residential.

1. All new and expanded development shall be subject to Chapter 13-42, Design Review.

2. All new and expanded uses shall require an administrative or conditional use permit.

3. Commercial structures and uses are to be located and designed as a unified development, which may resemble a shopping center, a shopping mall, or a traditional downtown shopping street (“Main Street”).

4. Development is to be carefully planned to ensure that benefits of mixed-use development are fully realized and the potential negative impacts of one use on another are minimized.

5. As an incentive to develop commercial and residential uses within the same building or site, the allowed residential development density of 40 units per acre may be added to the allowed nonresidential density of 0.20 to 4.0 FAR.

6. A mixed-use commercial and residential development is to provide a balance of open space, landscaping, recreation, and transit access.

7. Adequate parking shall be provided on site that takes into account the different peak parking demand periods of residential and employment activities.

8. The facility should be designed to use parking areas, garages and landscaping as buffers for noise, light and glare. [Ord. 553 § 2, 2024; Ord. 544 § 3, 2023; Ord. 543 § 3, 2023; Ord. 515 § 2, 2018; Ord. 451 § 2 (Exh. B), 2009; ZO § 15.200.]

The standard performance standards for development specified in Chapter 13-31 shall be met. In addition, the following specific performance standards shall be met:

1. Live-Work Area. A minimum of 600 square feet of living area including bathroom, kitchen and sleeping area is to be provided within each live-work unit.

2. Usable Open Space. A minimum of 50 square feet of private or common usable open space shall be provided for every live-work unit. A minimum of 100 square feet of private or common usable open space shall be provided for every residential unit. This may be provided on outdoor landscaped areas open to private or common access, or as decks, balconies, porches, recreation facilities, or rooftop open space. The open spaces shall be designed and oriented to minimize wind exposure and maximize sun exposure.

3. Ventilation. Live-work units are to have an adequate ventilation system to serve the range of uses that could be allowed. Each live-work unit is to have at least 1 standard size window that can be opened to the outside.

4. Noise Insulation. Residential and live-work units are to have adequate noise insulation and are to attenuate noise levels to 50 dBA or better within the living area of the unit from the noise levels generated by the range of uses that could be allowed in adjacent units and buildings.

5. Light and Glare. Night lighting shall be located and designed to minimize glare on the residential uses within and adjacent to the site. [Ord. 544 § 3, 2023; Ord. 543 § 3, 2023; Ord. 515 § 2, 2018; Ord. 451 § 2 (Exh. B), 2009; ZO § 15.300.]

All new and expanded development and uses that are allowed in PC-R planned commercial residential mixed-use district are identified in Table 13-15.1. These uses may be subject to compliance with Chapter 13-49 and approval by the Community Development Director.

Other uses of a commercial nature that can benefit from a live-work arrangement, or that can be shown to be compatible with the commercial and residential uses, and commercial uses that provide needed goods and services to nearby residential uses and that can be shown to be compatible with the residential uses in close proximity, or contribute to creating a functional residential neighborhood that has convenient access to commercial facilities, may be allowed pending approval of a conditional use permit. [Ord. 544 § 3, 2023; Ord. 543 § 3, 2023; Ord. 515 § 2, 2018; Ord. 451 § 2 (Exh. B), 2009; ZO § 15.400.]

The property development regulations presented in Table 13-15.2 establish basic site and design requirements for the PC-R planned commercial residential mixed-use district. All regulation standards are minimum amounts unless otherwise stated.

[Ord. 554 § 2, 2025; Ord. 549 § 3, 2024; Ord. 544 § 3, 2023; Ord. 543 § 3, 2023; Ord. 515 § 2, 2018; Ord. 506 § 5, 2018; Ord. 484 § 6, 2015; Ord. 472 § 1 (Att. 1), 2012; Ord. 451 § 2 (Exh. B), 2009; ZO § 15.500.]

In addition to the general purposes listed in Section 13-5.100, the specific purposes of the PO/RD planned office-research and development mixed-use district are to:

1. Provide areas of adequate size and access to support a wide variety of employment-oriented business and enterprise complexes.

2. Provide attractive site planning and architectural guidelines for development.

3. Allow warehouse, distribution and wholesales uses within this district if they directly serve or are essential to businesses in Hercules.

4. Allow for new light industrial uses related to R & D, manufacturing, and business industrial services. [Ord. 515 § 2, 2018; ZO § 16.100.]

Plans for all new and expanded development and uses shall be submitted to the Community Development Director as per Section 13-40.300. The following general conditions shall apply to all areas designated PO/RD Planned Office-Research and Development.

1. All new and expanded development shall be subject to Chapter 13-42, Design Review.

2. All new and expanded uses shall require an administrative or conditional use permit.

3. A hazardous materials management plan for the facility is to be prepared as part of the design review to regulate use of hazardous materials within the facility and to provide for the storage and disposal of small amounts of hazardous wastes that may be generated. An emergency response program is required to be part of the management plan. [Ord. 553 § 2, 2024; Ord. 515 § 2, 2018; ZO § 16.200.]

The standard performance standards for development specified in Chapter 13-31 shall be met. In addition, the following specific performance standards shall be met:

1. Design. Structures shall be designed with an attractive architectural theme for the allowed commercial, research and development, administrative office and light industrial development.

2. Public Health and Safety. New industrial uses that may reasonably be expected to generate substantial odor, dust, noise, vibration, water quality, air quality, public safety, or toxic and hazardous material impacts are prohibited. [Ord. 515 § 2, 2018; ZO § 16.300.]

All new and expanded development and uses that are allowed in the PO/RD planned office-research and development mixed-use district are identified in Table 13-16.1. These uses may be subject to compliance with Chapter 13-49 and approval by the Community Development Director.

The predominant uses in this district shall include: research and development; administrative offices; light manufacturing; and office and retail service establishments serving nearby businesses and their employees. Warehouse, distribution and wholesales uses within this district may only be allowed if they directly serve or are essential to businesses in Hercules. Other uses of an industrial or commercial nature that generate low volumes of traffic, and can be shown to be compatible with permitted uses may be allowed pending approval of a conditional use permit. [Ord. 515 § 2, 2018; ZO § 16.400.]

The property development regulations presented in Table 13-16.2 establish basic site and design requirements for the PO/RD planned office-research and development mixed-use district. All regulation standards are minimum amounts unless otherwise stated.

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