See Title 4, Chapter 15 of the Hercules Municipal Code. [Ord. 515 § 2, 2018; ZO Ch. 33.]

The purpose of this Division and Chapter is to provide land use, development regulations and standards that are generally applicable to sites throughout the City. Unless noted otherwise, these standards are intended to be applied within all zoning and overlay districts.

Specific development standards or performance standards required within particular zoning and overlay districts are required in addition to the general standards required within this Division. If there is a conflict between regulations and standards specified for a particular zoning district and the general standards contained within this Title, the district specific regulations and standards shall be applied.

All development permits, design review approvals, planned development plans, use permits and other zoning approvals, as conditioned, shall be consistent with the regulations and standards contained within this Division. The Community Development Director along with the Building Official and City Engineer shall review all building permit plans and improvement plans for compliance with this Division prior to approval of such plans. Prior to issuance of a certificate of occupancy, projects shall be inspected by the Community Development Director along with the City Engineer to verify that the standards of this Division and any required conditions of approval have been adequately met. [Ord. 515 § 2, 2018; ZO § 30.100.]

The yard space provided about any structure as a yard or setback in compliance with the regulations for the district in which the property it is located shall not be allowed to provide a yard space for any other structure. Required yard spaces and setbacks are identified within the property development regulations of each zoning district and some overlay districts. [Ord. 515 § 2, 2018; ZO § 30.200.]

Setbacks and yards shall be measured as the minimum horizontal distance from the property line of the site to a line parallel with the front, side or rear face of a building. [Ord. 515 § 2, 2018; ZO § 30.210.]

Architectural features including bay windows, sills, canopies, chimneys, cornices and eaves may extend into a required side yard or a space between structures not more than 24 inches and may extend into a required front or rear yard not more than 3 feet.

Open, unenclosed, uncovered balconies, porches, platforms, stairways, and landing places, no part of which is more than 4 feet above the surface of the ground, may extend into a required side yard or space between structures not more than 3 feet and may extend into a required front or rear yard not more than 6 feet.

Fire escapes may project into rear and interior side yards or spaces between buildings not more than 3 feet.

Fences, walls, hedges, walks, driveways and retaining walls may occupy any required yard or other open space, subject to the limitations prescribed in this Chapter.

No structure or projection may intrude into a public utility easement. [Ord. 515 § 2, 2018; ZO § 30.220.]

The amount of site coverage and FAR allowed for a building or buildings within a zoning district or overlay district is identified within the property development regulations of the district. [Ord. 515 § 2, 2018; ZO § 30.300.]

The percent of the site area covered by structures shall be measured by dividing the total horizontal area covered by structures open or enclosed by the total horizontal area within the property lines of the site.

The floor area ratio of a site shall be measured by dividing the total usable floor area of structures on the site, excluding areas used exclusively for vehicle parking and circulation, by the total horizontal area within the property lines of the site. [Ord. 515 § 2, 2018; ZO § 30.310.]

The City may consider allowing development agreements that will provide additional community parks and recreation facilities, such as ballfields and other areas for organized recreation, in exchange for allowing development at greater than the “typical” FAR, as specified in the property development regulations of some zoning districts. [Ord. 515 § 2, 2018; ZO § 30.320.]

The residential density allowed within residential and mixed-use zoning districts is identified within the property development regulations of the district. New development shall not exceed maximum allowed residential densities unless there are specific regulations allowing density bonuses that are granted for a project by the City Council. The midrange density specified within the residential zoning districts is meant to be a general guide for the average density expected across the community for all property within that particular zoning district.

The density of residential development allowed on any parcel within the City should take into account site specific considerations including but not limited to, topography, economics, neighborhood compatibility, provision of affordable housing, and market conditions along with the capability of a proposed development project to further the specific goals, policies and objectives of the General Plan. [Ord. 515 § 2, 2018; ZO § 30.400.]

Residential density is calculated as a gross density for all residential units within a property or planned development plan area. Gross density is calculated by dividing the total number of units by the total area of the site including roads, open spaces and public facilities. The minimum lot size represents the maximum net density for single-family attached and detached homes. [Ord. 515 § 2, 2018; ZO § 30.410.]

1. This Section through Section 13-30.440 and the requirements of California Government Code Sections 65915 through 65918, as may be amended, are intended to implement the housing element of the General Plan offering incentives for the development of affordable housing. Where regulations are not specifically addressed in these sections or where there are conflicts between these provisions and the provisions of California Government Code Sections 65915 through 65918, the provisions of the California Government Code, as they may be amended over time, shall apply. [Ord. 551 § 2, 2024; Ord. 515 § 2, 2018; Ord. 484 § 12, 2015; ZO § 30.420.]

1. An applicant may submit a preliminary proposal for housing development pursuant to California’s Density Bonus Law, including but not limited to Government Code Section 65915, prior to the submittal of any formal application.

2. All requests pursuant to California’s Density Bonus Law, including but not limited to Government Code Section 65915, shall be submitted to the City concurrently with the application for the first discretionary permit or other permit required for the housing development and shall be processed concurrently with the discretionary application following the review process as set forth for permits in Chapters 13-40 and 13-42, design review (when applicable). The applicant shall provide additional information as specified in California’s Density Bonus Law, including but not limited to Government Code Section 65915, specifically:

A. Provide a written statement specifying the desired density increase, incentives and any waivers requested; proposed rent schedules and/or sales prices; and the type, location, size, and construction scheduling of all dwelling units;

B. Submit sufficient evidence demonstrating that the requested incentive(s)/concession(s) result in actual and identifiable cost reductions;

C. For any requested waiver of a development standard, evidence that the development standard for which the waiver is requested will have the effect of physically precluding the construction of the housing development with the density bonus and incentives requested;

D. If a mixed-use building or project is proposed as an incentive, evidence that nonresidential land uses will reduce the cost of the housing development and that the nonresidential land uses are compatible with the development and the existing or planned development in the area;

E. If a density bonus is requested for a land donation, the location of the land to be dedicated, proof of site control, and evidence that each of the requirements included in California’s Density Bonus Law, including but not limited to Government Code Section 65915 can be met.

F. If a density bonus or incentive is requested for a child care facility, evidence that all of the requirements in California’s Density Bonus Law, including but not limited to Government Code Section 65915, can be met.

G. Any other information requested by the Community Development Director or their designee to determine if the required findings can be made. [Ord. 551 § 2, 2024; Ord. 515 § 2, 2018; Ord. 484 § 12, 2015; ZO § 30.460. Formerly 13-30.460.]

1. Before approving an application that includes a request for a density bonus, incentive, parking reduction, and/or waiver pursuant to California’s Density Bonus Law, including but not limited to Government Code Section 65915, the decision-making body shall make all of the following findings, as applicable:

A. That the residential project is eligible for the density bonus and any incentives, parking reductions, or waivers requested.

B. That any requested incentive will result in identifiable, financially sufficient, and actual cost reductions based upon the financial analysis and documentation provided.

C. That there are sufficient provisions to guarantee that the units will remain affordable for the required time period.

D. If the density bonus is based all or in part on donation of land, a finding that all the requirements included in California’s Density Bonus Law, including but not limited to Government Code Section 65915, have been met.

E. If the density bonus, concession, or incentive is based all or in part on the inclusion of a child care facility, a finding that all the requirements included in California’s Density Bonus Law, including but not limited to Government Code Section 65915, have been met.

F. If the concession or incentive includes mixed-use development, a finding that all the requirements included in California’s Density Bonus Law, including but not limited to Government Code Section 65915, have been met.

G. If a waiver is requested, a finding that the development standards for which the waiver is requested would have the effect of physically precluding the construction of the housing development with the density bonus and incentives permitted.

2. If the findings required by subsection (1) of this Section cannot be made, the City Council may deny an application for a concession or incentive only if it makes 1 of the following written findings, supported by substantial evidence:

A. The concession or incentive does not result in identifiable and actual cost reductions, consistent with Government Code Section 65915(k), to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in Government Code Section 65915(c); or

B. The concession or incentive would have a specific, adverse impact, as defined in Government Code paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or on real property listed in the California Register of Historic Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low and moderate income households; or

C. The concession or incentive is contrary to State or Federal law.

3. If the findings required by subsection (1) of this Section cannot be made, the City Council may deny an application for a waiver only if it makes 1 of the following written findings, supported by substantial evidence:

A. The waiver or reduction of development standards has a specific, adverse impact as defined in Government Code Section 65589.5(d.2), upon health and safety and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact; or

B. The waiver or reduction of development standards has a specific, adverse impact on any real property that is listed in the California Register of Historical Resources; or

C. The waiver is contrary to State or Federal law.

4. If the findings required by subsection (1) of this Section can be made, the decision-making body may deny an application for a density bonus or incentive that is based on the provision of child care only if it makes a written finding, based on substantial evidence, that adequate child care facilities are already available in the City. [Ord. 551 § 2, 2024; Ord. 515 § 2, 2018; Ord. 484 § 12, 2015; ZO § 30.470. Formerly 13-30.470.]

Repealed by Ord. 551. [Ord. 515 § 2, 2018; Ord. 484 § 12, 2015; ZO § 30.450.]

Required height limits are identified within the property development regulations of each zoning district and some overlay districts. [Ord. 515 § 2, 2018; ZO § 30.500.]

The height of a structure shall be measured vertically from the average elevation of the surface of the ground covered by the structure to the highest point of the structure or to the wall coping of a flat roof or to the deck line of a mansard roof. Heights of a fence or wall shall be measured according to the requirements of Section 13-30.610. [Ord. 515 § 2, 2018; ZO § 30.510.]

1. Towers, spires, cupolas, chimneys, water tanks, flagpoles, monuments, radio and television aerials, fire towers, windmills or other energy generating devices, and similar structures, and necessary mechanical appurtenances covering not more 10 percent of the ground area covered by the structure, may be erected to a height not more than 25 feet above the height limit prescribed by the regulations for the district in which the site is located subject to design review as provided in Chapter 13-42 and subject to securing a use permit in each case.

2. Utility poles and utility towers installed by public utility shall not be subject to height limits prescribed in the district regulations. [Ord. 515 § 2, 2018; ZO § 30.520.]

Walls, fences and hedges are permitted in all zoning districts and may be placed within required yard areas subject to the regulations and performance standards of the district and applicable overlay districts. [Ord. 515 § 2, 2018; ZO § 30.600.]

1. The maximum height for a fence, wall or hedge in a required rear or side yard is 6 feet. The maximum height for a fence, wall or hedge in a required front yard and along the street side yard of a corner lot within 20 feet of the front property line is 3 feet.

2. The height of a fence, wall or hedge shall be measured from the highest natural ground level immediately adjoining the fence wall or hedge to the its highest point above the ground.

3. A fence wall or hedge greater than 6 feet in height may be allowed in the following conditions subject to first securing design review approval as per Chapter 13-42.

A. A fence, wall or hedge up to 12 feet in height may be permitted around public recreation areas such as tennis courts, badminton courts, basketball or volleyball courts and similar play areas; provided, that all parts of a fence or wall over 6 feet in height are made of open wire construction of galvanized steel or other corrosion resistant material, and that the fence, wall or hedge is not within any required front yard.

B. School play areas may be fenced to the street line; provided, that the fence is made of open wire construction and does not exceed 10 feet in height along rear and side lot lines and does not exceed 6 feet in height along any street line.

C. A fence, wall or hedge that is not constructed within any required rear, side or front yard and which is a continuation of a building wall may be higher than 6 feet when it is an extension of the roof of the primary building and does not exceed in height the building wall of which it is an extension.

D. A security fence, wall or hedge exceeding 6 feet in height around industrial or manufacturing establishments or other uses may be allowed where required for security purposes in any zoning district other than residential and community commercial.

E. Where residential properties abut a railroad right-of-way, fences of solid board or similar materials may be constructed to a height not to exceed 8 feet in the side or rear yards abutting the railroad right-of-way.

4. Where a commercial or industrial site adjoins a residential district, a solid fence or wall, a vine-covered chain-link fence with slats, or a compact evergreen hedge, not less than 6 feet nor more than 8 feet in height, shall be located on the property line adjoining the residential district. However, the fence, wall or hedge shall not exceed 3 feet in height when it is adjacent to a required front yard in a residential district.

5. Screening consisting of a solid fence or wall, a vine-covered chain-link fence with slats, or a compact evergreen hedge (with solid gates where necessary), not less than 6 feet in height, shall be required for the following uses:

A. Commercial and industrial uses within commercial, industrial, and mixed-use districts that are not conducted entirely within a completely enclosed structure where the Commission or Council finds that screening is necessary to a substantial and detrimental effect on property values in the area.

B. Open storage of materials and equipment within commercial, industrial, and mixed-use districts. No materials or equipment shall be stored outside without such screening and to a height no greater than that of the fence, wall or hedge.

C. Loading facilities equipment within commercial, and mixed-use districts. Such facilities shall be screened from view from public rights-of-way.

6. A fence or wall may be constructed on the rear property line of a lot that has frontage on 2 public streets (with a rear yard adjacent to a public street which is approximately parallel to the front yard street) where the rear yard has restricted access due to a legally dedicated reserve strip. The rear fence or wall, not exceeding 6 feet in height, shall be constructed of masonry or similar type construction or a compact evergreen hedge (with solid gates where necessary). The property owner shall install an irrigation system and landscaping approved by the Director of Public Works within the reserve strip as a condition of issuance of the fence or wall permit. The irrigation system and planting in the reserve strip will then be maintained by the City of Hercules. This provision does not alter the requirements for lower fencing at intersections as provided in subsection (7) of this Section.

7. No fence, wall or hedge which obstructs the visibility of and from vehicles approaching the intersection of a state highway, public road or street with another state highway, public road or street shall be constructed, grown, maintained or permitted higher than 3 feet above the curb grade within 35 feet of the intersection of curb lines or in the case of rounded corners, 35 feet from the point on the curb closest to the center of the intersection. If there are no curbs, the edge of the right-of-way shall be used for the reference points.

8. Prohibited Fences. The following type fences are prohibited and hereby declared to be a nuisance constituting an unsafe and unlawful condition subject to abatement.

A. Barbed wire fences within 4 feet of any sidewalk.

B. Wire fences less than 3 feet in height and within 3 feet of any public sidewalk. [Ord. 515 § 2, 2018; ZO § 30.610.]

Landscaping is an essential component of the overall design and aesthetics of a project. Landscaping along major regional streets and highways should soften the appearance of traffic and parking along these routes, while allowing view corridors to retail and other businesses.

Landscaping plans should implement effective water conservation, use of drought-resistant landscaping and irrigation with reclaimed wastewater. Native plants are to be used in landscaping.

Plantings that serve to screen views of residential development, or that help to maintain a natural-appearing landscape, shall be retained to the extent feasible. Such plants could be thinned selectively if thinning would improve view corridors. If specific trees are to be removed, such as eucalyptus trees, replace with trees, preferably native species that will provide suitable screening while retaining important view corridors.

1. The landscaping and irrigation requirements listed in this Section shall apply to all proposed development or construction at undeveloped parcels, or as determined by the Community Development Director, which shall include but not be limited to the following developments:

A. Common areas and landscape easements of all single-family subdivisions.

B. All new single-family residential estate lots.

C. Common areas at multifamily residences, including apartment and condominiums and duets.

D. Model homes.

E. Commercial, industrial and mixed-use projects.

F. Public buildings, grounds and facilities.

G. The reconstruction or rehabilitation of the common areas and landscape easements at residential projects and nonresidential buildings, projects or developments where either:

1) The value of the reconstruction or rehabilitation exceeds 25 percent of the current assessed value of the building, project or development; or

2) The area of the landscaping affected by the reconstruction or rehabilitation exceeds 25 percent of the landscaped area.

The requirements do not apply to that portion of a site, or to projects or development using reclaimed water or well water, or additions or modifications to existing single-family residences, nor to portions of site area irrigating edible crops, or not receiving irrigation.

2. Landscaping and irrigation shall be installed and maintained according to the approved plan. All water in the common areas of a development project used ornamentally, such as ponds, lakes and fountains, shall be supplied, operated and maintained with alternative sources of water if they are available. The landscaping and irrigation plan shall implement the following standards:

A. Plant Selection. At least 75 percent of the plants proposed in nonturf areas shall be well-suited to the climate of the region and require minimal water once established. Up to 25 percent of the plants may be of a nondrought tolerant variety as long as they are grouped together and can be irrigated separately.

B. Turf Area and Water Surface Area Limitations: The combined turf area and/or water surface area (i.e. pools, ponds and fountains) shall be limited to 25 percent of the irrigated areas. Exceptions may be granted by the Planning Commission when using drought-tolerant turfgrasses (i.e., with a water requirement less than or equal to tall fescue). Turf area and/or water surface area limitation does not apply to public parks, golf courses, cemeteries, school recreation areas, and on-site private recreational facilities. No turf shall be allowed in:

1) Median strips.

2) Areas less than 8 feet wide.

C. Soil Conditioning and Mulching.

1) Scarify soil compacted by grading prior to planting.

2) A minimum of 6 cubic yards of nitrified soil conditioner per 1,000 square feet shall be incorporated into the top 6 inches of soil.

3) A minimum of 2 inches of mulch shall be added in nonturf areas to the soil surface after planting. Nonporous material shall not be placed under the mulch.

4) Soil tests showing soil type, soil depth, uniformity and pH shall be submitted with landscape plans. Soil will be amended according to report recommendations.

5) Grading shall be minimized to avoid disturbance. Top soil shall be stockpiled and shall be reapplied during final grading.

6) Use low-nitrogen, slow release fertilizer for lawns and shrubs.

D. Irrigation.

1) Sprinklers and sprays shall not be used in areas less than 8 feet wide.

2) Sprinkler heads with a precipitation rate of 0.85 inches per hour or less shall be used on slopes exceeding 15 percent or on slopes exceeding 10 percent within 10 feet of hardscapes to minimize runoff.

3) Valves and circuits shall be separated based on water use.

4) Drip or bubbler irrigation systems are required for trees. Bubblers shall be used that do not exceed 1.5 gallons per minute per device.

5) Sprinkler heads must have matched precipitation rates within each control valve circuit.

6) Popup sprinklers in lawn areas shall have at least a 4-inch popup height.

7) Check valves are required where elevation differences may cause low head drainage.

8) Sprinkler head spacing shall be designed for head-to-head coverage. The system should be designed for minimum runoff and overspray onto nonirrigated areas.

9) Electrical controllers shall be set to water between 5:00 p.m. and 10:00 a.m.

10) All irrigation systems shall be equipped with a controller capable of dual or multiple programming. Controllers must have multiple cycle start capacity and a flexible calendar program.

11) All irrigation systems shall be equipped with rain shutoff devices.

12) Plans shall include a water budget that includes:

A) Estimated annual water use (in gallons).

B) Irrigated area (in square feet).

C) A monthly irrigation schedule for the plant establishment period and the following year. This irrigation schedule will include the following information for each valve:

(1) Plant type.

(2) Precipitation rate.

(3) Run times in minutes per day.

(4) Number of watering days per week (turfgrasses should be irrigated a maximum of once every 3 days).

E. Minor modifications to approved plans (including changes proposed by individual homeowners to approved plans for single-family subdivisions) which meet the requirements of this Section may be approved by the Community Development Director as per Chapter 13-46.

F. Minor exceptions from the requirements of this Section may be approved as part of the design review process; provided, that the Planning Commission finds the landscape and irrigation plans meet the intent these requirements. See Chapter 13-45.

3. Maintenance of Landscaped Areas. Landscaping provided in compliance with this Section shall be planted with materials suitable for screening or ornamenting the site, whichever is appropriate, and plant materials shall be watered, weeded, pruned, fertilized, sprayed or otherwise maintained as needed or required by the Planning Commission. Landscaping shall be replaced as necessary to provide the approved and required screening or ornamentation of the site. [Ord. 515 § 2, 2018; ZO § 30.700.]

The requirements specified in this Section are intended to preserve the residential character of streetscapes in the City’s neighborhoods and minimize excess stormwater runoff. The unregulated expansion of paved parking areas in front, rear, and side yards interferes with the pattern of building and open areas within neighborhoods, and can increase vehicle clutter by creating small parking lots in yard areas which are intended to remain as open areas.

Excessive paving of yard areas can negatively impact the character and appearance of residential areas. Paving yard areas to add additional parking can result in the proliferation of curb cuts that can have the effect of reducing the number of on-street parking spaces available.

1. The paving requirements in this Section shall apply to all residential properties and lots.

2. New paving and hardscape areas (e.g., walkways, patios, etc.) that exceed 120 square feet in total area shall require a paving permit issued in compliance with Section 13-5.700, Zoning Clearance Procedure.

3. The Planning Director shall hear and decide requests for reasonable accommodation as well as unique circumstances of flag lots, cul-de-sacs, or corner lots which make strict compliance with the requirements of this Section impractical.

4. Within 6 months of final passage of the ordinance codified in this Section, staff shall promulgate administrative guidelines and regulations further defining what types of surfaces and materials are permissible for landscaping, paving, driveways, and walkways consistent with this Division.

A. Front Yards.

1) Driveways. The amount of allowable paving for driveways shall not exceed 35 percent of the total front yard area. “Front yard” is defined as the yard area forward of the primary structure as illustrated in Figure 13-30.751 (Limits on Paving and Hardscaping for Residential Front, Rear, and Side Yards).

2) Walkways and Other Hardscape. The amount of paved walkways and hardscape shall not exceed 25 percent of the front yard area. See Figure 13-30.751 (Limits on Paving and Hardscaping for Residential Front, Rear, and Side Yards).

3) Landscaping Minimums. For all residential properties, a minimum of 40 percent of the front yard area shall consist of a permeable landscaped area, excluding pavers, bricks, and other hard surfaces, even if permeable.

B. Rear and Side Yards.

1) The total amount of paved surface in the rear and side yard combined for driveways, walkways, and hardscape combined shall not exceed 60 percent of the total rear yard area. “Rear and side yard” are defined as the yard area behind the front portion of the primary structure as illustrated in Figure 13-30.751 (Limits on Paving and Hardscaping for Residential Front, Rear, and Side Yards).

2) Landscaping Minimums. For all residential properties and lots, a minimum of 40 percent of the required rear and side yard combined area shall consist of a permeable landscaped area, excluding pavers, bricks, and other hard surfaces, even if permeable.

C. Stormwater Runoff Limitations. Impermeable surfacing may not exceed the stormwater runoff design for the parcel or lot, and must not cause runoff to affect adjacent property. Applicants in the RS-L Residential Zone shall be required to submit to the City Engineer calculations by a registered civil engineer demonstrating consistency with this policy as a condition of approval when the impermeable surfacing, including all structures, would be greater than 47 percent of the entire lot. For all other residential zones, the City Engineer shall require applicants to submit calculations by a registered civil engineer demonstrating consistency with this policy as a condition of approval based on administrative regulations promulgated by staff to address stormwater runoff in zones other than RS-L. The administrative regulations required to be promulgated pursuant to this subsection shall be established within 1 year of final passage of the ordinance codified in this Section and updated thereafter as circumstances require.

Figure 13-30.751 (Limits on Paving and Hardscaping for Residential Front, Rear, and Side Yards)

[Ord. 515 § 2, 2018; Ord. 511 § 2, 2018; ZO § 30.750.]

1. Usable Open Space. Usable open space is required within several zoning districts to serve residents, visitors and employees of a project or property. Usable open is distinct from required landscaped areas in that the open space is to be specifically designed for use rather than aesthetics. Where usable open space is required within a zoning district, it shall be in addition to any landscaping requirement and public parks requirement. Usable open space may be provided in the form of small play areas, plazas, balconies, decks, usable yard areas, open space trails, or other similar spaces. The minimum usable open space area is 50 square feet of contiguous area not less than 5 feet wide in any location. Open space trails shall not provide more than 50 percent of the usable open space requirement of a project.

2. Open Space for Public and Conservation Uses. Public and conservation oriented open spaces provide public access to natural, scenic and historic areas; protect sensitive environmental areas, and provide protection and buffers from safety hazards. These open spaces offer amenities that benefit the quality of life in the community; preserve existing natural topography, ridgelines and valleys where feasible and desirable; preserve foraging habitat for wildlife; and provide for wetlands mitigation, flood control improvements and riparian corridors.

Open spaces should be planned for a buffer of irrigated landscaping and/or plowed area maintained between open spaces and developed areas, fire access trails in major open spaces to allow fire equipment to penetrate, use of fire resistant plant materials in open space landscaping, and containment of potential fires where natural vegetation exists in open spaces.

A. Wetlands mitigation, flood control improvements and riparian corridors should not be used in the calculation of required park space, parks, or recreational areas. However, the City may accept such areas in the calculation of required park space if they are accessible to the general public for use and enjoyment.

B. Areas that could provide habitat for sensitive species shall be surveyed by qualified biologists provided by project sponsors prior to project design. Surveys in sensitive areas shall be conducted prior to any development. Sensitive areas within the study area includes eucalyptus groves, freshwater wetlands and adjacent trees, open grasslands, ponds and creeks. If any sensitive species are present, coordination with the CDFG will be required for mitigation of impacts and redesigning of the project footprint to avoid any sensitive species or sensitive habitat. If avoidance is unavailable, coordination with the CDFG will be required for relocation of these species and for determining replacement of habitat.

C. As much open space as possible within sites proposed for development shall be retained as informal open space for wildlife habitat, rather than as formal, landscaped parks or grounds. Wildlife areas shall be revegetated with native or nonnative grassland and native species of shrubs requiring no irrigation and little management beyond the first year after planting. Wildlife habitat shall be consolidated into “preserves” that are as large as possible. Habitats on adjoining parcels shall be as contiguous as possible, to create wildlife corridors. Wildlife open space shall be placed adjacent to other wildlife habitat, to preserve the greatest ecological value.

D. Appropriate buffer zones along the Bay shall be established in consultation with CDFG, BCDC, East Bay Regional Park District, and the Corps of Engineers to protect tidal habitat 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. Signage and fencing shall be designed to encourage bicycles to stay on the bike paths.

E. Public access to wildlife habitat shall be minimized by placing trails close to buildings so as to provide the largest area of habitat possible with the least amount of impact from the public. Trails, if any, shall be placed close to buildings so as not to disturb wildlife nesting/denning areas.

F. Open space areas shall be designed into the footprint of proposed projects and shall be located adjacent to existing open space areas, providing a larger continuous area for wildlife to use.

G. Open space areas, if disturbed during construction, shall be landscaped with native species. [Ord. 515 § 2, 2018; ZO § 30.800.]

All discretionary land use approvals shall be conditioned upon payment of fees or construction of facilities necessary to serve all public infrastructure needs generated by the new development. Public infrastructure shall include, but not be limited to the following: local and regional transportation improvements; parks and recreation facilities; open space; wastewater collection, treatment and disposal capacity; drainage and flood control facilities; schools; and utilities.

New public infrastructure facilities and other associated improvements shall be designed and constructed according to the procedures and standards of the City. [Ord. 515 § 2, 2018; ZO § 30.900.]

All structures and uses shall have adequate access to public streets. Access can be provided by means of accessible frontage along public streets or permanent public, private or reciprocal easements that provide adequate access to public streets.

Street rights-of-way and improvements are to be dedicated by projects as necessary to provide adequate internal circulation and external access. New residential areas shall be designed to avoid conflict with major streets or thoroughfares, to have access to transit facilities, and to encourage safe and convenient alternatives to the private automobile.

Developers of new residential areas are encouraged to work with transit agencies in the design and location of bus stops, turnouts, pavement materials and the timing of development in relation to transit service needs. To promote safe and well-designed neighborhoods, new residential development is to have an internal circulation system, including pedestrian walkways, bikeways, and access to transit facilities.

New streets, paths and sidewalks are to be designed and constructed according to the procedures and standards of the Director of Public Works. See Standard Drawings and Design Policy for Public Works. [Ord. 515 § 2, 2018; ZO § 30.910.]

The purpose of this Chapter is to set forth performance standards for development and uses for specific zoning districts and general performance standards that are applied for all zoning districts. These standards are intended to produce an attractive and safe community environment consistent with the goals, policies and standards of the General Plan. [Ord. 515 § 2, 2018; ZO § 31.100.]

The performance standards of Section 13-31.300 apply to all uses and development that require Zoning Ordinance permits and approvals. In some cases, the performance standards refer to specific properties within the City. No permit shall be approved unless applicable performance standards are met. [Ord. 515 § 2, 2018; ZO § 31.200.]

1. Archaeological Resources. If previously unknown subsurface cultural resources are discovered during excavation activities, excavation shall be temporarily halted and an archaeologist consulted as to the importance of the resources. Should the archaeologist determine that the resources are important, the project sponsor would follow the procedure described below. The program shall be conducted under the guidance of Appendix K of the CEQA Guidelines.

A. Prior to development on Parcels 1, 2, 3, 4, A, C and I (as identified in the Land Use and Circulation Element EIR (1996)), an attempt shall be made through a combination of archival research and in-field testing to identify areas that may have been used by Native American populations. Areas containing prehistoric deposits will be mapped; evaluation of their significance will be required only in those areas where future development might affect the resources.

B. Prior to excavation and construction in areas of known archaeological sensitivity, the prime construction contractor and any subcontractors shall be cautioned on the legal and/or regulatory implications of knowingly destroying cultural resources or removing artifacts, human remains, bottles, and other cultural materials from the project site.

C. The project sponsor shall identify a qualified archaeologist prior to any demolition, excavation, or construction in areas of known archaeological sensitivity. The City shall approve the project sponsor’s selection for a qualified archaeologist. The archaeologist shall have the authority to temporarily halt excavation and construction activities in the immediate vicinity (10-meter radius) of a find if significant or potentially significant cultural resources are exposed and/or adversely affected by construction operations.

D. Reasonable time would be allowed for the qualified archaeologist to notify the proper authorities for a more detailed inspection and examination of the exposed cultural resources. During this time, excavation and construction shall not be allowed in the immediate vicinity of the find; however, those activities may continue in other areas of the project site.

E. If any find were determined to be significant by the qualified archaeologist, representatives of the project sponsor or construction contractor and the City, the qualified archaeologist, and a representative of the Native American community (if the discover is an aboriginal burial) should meet to determine the appropriate course of action.

F. All cultural materials recovered as part of the monitoring program shall be subject to scientific analysis, professional museum curation, and a report prepared according to current professional standards.

2. Combustibles and Explosives. The use, handling, storage and transportation of combustibles and explosives shall comply with the Uniform Fire Code, the Hazardous Waste Management Plan Element of the General Plan, the Nuisance Abatement Ordinance (Title 4, Chapter 10 of the Municipal Code) and other applicable laws.

3. Dust and Dirt. All uses and development shall be conducted to minimize dust and dirt emissions beyond the project site or property. In addition to complying with the Grading Ordinance (Title 7, Chapter 2 of the Municipal Code), compliance with the following standards shall be required:

A. Property owners, developers and contractors shall be responsible for dust control measures (such as watering graded areas daily) and the immediate clean-up of any materials spilled on city streets as a result of grading, construction or hauling operations.

B. Dust and dirt shall be controlled so that it is not carried by air, water or other means to adjacent or nearby properties.

4. Environmental Resources and Constraints.

A. Development proposals shall be reviewed in terms of natural features in the vicinity that have aesthetic significance. This may include open space or vegetation that serves as a view corridor or has important visual attributes. Development proposals shall be sited to ensure that these features are retained or replaced to the extent feasible, resulting in minimal view impairment.

B. The City shall require project proponents to design facilities to prevent degradation of riparian and wetland communities from urban pollutants in storm runoff.

C. The City shall require project proponents to design construction footprints to avoid any wetlands and CDFG and or COE approved buffer zones around the wetlands in the project area. If avoidance is not possible, projects shall be redesigned so as to impact the least amount of wetlands. Any areas that are classified as wetlands and will be affected by project development shall be recreated either on or off site in accordance with CDFG and COE requirements. A project sponsor shall be required to obtain a Streambed Alteration Agreement from CDFG and/or a Section 404 Corps permit prior to any development or discharge of fill within any wetland or creek.

The small marshland westerly of the Southern Pacific Railroad, adjacent to the waterfront park, should be preserved in its natural state. The only improvement to this area would be an elevated walkway for observation of shorebirds and other wildlife.

D. Design of building footprints along any riparian corridor shall be outside the CDFG and/or COE approved buffer zone. Sensitive riparian habitats shall be marked by a qualified biologist to deter any destruction by equipment during construction.

E. Development along any riparian corridor shall incorporate measures to avoid impacts during construction, including:

1) Construction of any access bridge shall be limited to the bridge footprint area only.

2) Parking of large equipment shall be on the upland grassland area or on the paved street. Construction workers cars shall have designated parking areas.

3) Basins for oil leaks from the equipment shall be installed if equipment is parked on site over night.

F. Development shall be set back from Refugio Creek as required by Chapter 13-22, Refugio Creek Overlay District. West of I-80, the existing low flow channel will be improved to contain 100-year flood flows. The drainage facility shall be designed as a multi-use open space corridor and landscaped to have a natural appearance and enhance wildlife habitat. Designs which reduce water velocity and erosion are encouraged.

G. As much open space as possible within sites proposed for development shall be retained as informal open space for wildlife habitat, rather than as formal, landscaped parks or grounds. Wildlife areas shall be revegetated with native or nonnative grassland and native species of shrubs requiring no irrigation and little management beyond the first year after planting.

1) The extensive side hill in the southeast portion of the City has large areas of dense coyote brush interspersed with live oaks and buckeye and should be left in its natural state except for trails, outlooks and other limited recreational improvements.

2) The oak groves in canyon bottom and side hills shall be preserved in their natural state where possible. Special care should be taken in construction operations to minimize damage to this valuable natural resource.

3) The grass covered hilltops and slopes that are interspersed with residential areas in the easterly portion of the City should be preserved in a natural state as much as practical due to its habitat value for many species of raptors.

5. Erosion and Runoff Control.

A. Runoff increase calculations are required for each proposed development project. The calculations shall identify runoff for the parcel at full build-out as measured against estimates of existing runoff in order to ensure that no flooding will result.

B. Installation of sedimentation and grease basins in the storm drain system in parking lots in accordance with NPDES regulations (Title 5, Chapter 8 of the Municipal Code), is required to minimize pollution downstream from sedimentation. Property owners shall maintain the basins annually, or as required by NPDES regulations. Parking lots shall be swept periodically to decrease the amount of debris that could potentially contaminate the riparian or wetland habitat.

C. Development projects shall prepare and implement a set of best management practices (BMPs) to reduce impacts to water quality. Such practices may include, but are not limited to:

1) Stormwater retention or detention structures;

2) Oil and water separators; and

3) Sediment traps.

6. Geology and Soils. Projects proposed in areas subject to very strong earthquake ground shaking or ground failure shall conduct geotechnical studies and structural design evaluations for all critical facilities, schools, high-population facilities (such as shopping malls) and industries using or generating significant amounts of hazardous materials. 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. These should include detailed studies of the geologic materials at the site, seismic event response evaluations to identify design criteria, foundation design criteria and dynamic method analyses of proposed structures, and others.

For the other types of facilities, the alternative site feasibility assessment is an optional requirement, however an alternatives site evaluation may be required under CEQA. A rigorous geotechnical evaluation and structural design process shall 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.

All development and construction projects shall be consistent with the following standards along with the requirements of the Grading Ordinance.

A. Development and construction shall minimize the potential for creating new landslides or reactivating old ones.

B. Improperly compacted existing fills and backfills should be excavated from areas to be filled.

C. All areas to be graded should be stripped of vegetation and the top few inches of highly organic topsoil.

D. Organic topsoil should be stripped, stockpiled and used for landscaping.

E. Lower valley areas where bay mud deposits are exposed or are blanketed by shallow thicknesses of poorly compacted fill will require detailed studies prior to site grading.

F. Sidehill “sliver” cuts and fills should be avoided.

G. Special consideration should be given to slope stability in the steep hillside areas.

H. Steep sideslopes should be left in their natural condition where possible.

I. Setbacks should be determined based on detailed soils investigations in individual cases opposite landslide prone slopes to reduce the potential for slide damage to improvements.

J. Expansive soils should be considered in the design of road pavement sections.

K. Site planning should consider the potential of differential settlement where compressible soils exist.

L. Areas underlain by soft bay mud will require further detailed soils investigations.

M. Slopes should be planted as soon as possible after completion of construction to develop a protective organic mat.

N. Dense pockets of brush and trees located on steep slopes should be left intact where possible to prevent potential landsliding.

O. The sides of the stream channel in portions of Refugio Valley should be improved to protect erosion induced slumping. Care should be taken to maintain the natural appearance of the water-course in open space areas.

7. Hazardous and Toxic Materials.

A. The use, handling, storage and transportation of hazardous and toxic materials shall comply with the Uniform Fire Code, the Hazardous Waste Management Plan Element of the General Plan, and other applicable laws.

B. The project applicant for each potentially contaminated location within the City, shall have the site inspected by a registered environmental assessor (i.e., a professional environmental scientist or engineer registered as an REA in California) for the presence of hazardous materials and wastes.

8. Historic Resources. Renovations, additions and other changes to historic buildings within the HTC historic town center district and the historic overlay district shall conform to the requirements of these districts in addition to the requirements set forth below. Historic buildings that are outside the above zoning districts shall conform to the requirements set forth below.

A. Prior to development on Parcels 1 and C as identified in the Land Use and Circulation Element EIR (1996), an updated architectural evaluation of the remaining Hercules Powder Company buildings shall be prepared. The elements of architectural evaluation program should include:

1) An architectural evaluation of remaining company buildings by a qualified architectural historian.

2) A determination of whether the remaining buildings are eligible for listing in the National Register of Historic Places.

3) On the basis of the above findings, the City should take action to commit the eligible buildings to permanent conservation by having them listed in the National Register of Historic Places. Adaptive reuse of listed buildings, including historically sensitive restoration, is encouraged as a means of preserving eligible structures. Restoration and renovation of buildings should be performed in accordance with the “Secretary of the Interior’s Standards for the Treatment of Historic Properties.” The standards serve as guidelines for rehabilitation, restoration, preservation, retaining and preserving historic character of the property.

4) If the above findings show that a building is not eligible for the National Register of Historic Places, then a Phase II evaluation shall identify historic resources on a parcel, and recommend appropriate mitigation measures to be incorporated into the project design using widely accepted standards for historic resources management, such as the Secretary of the Interior’s Guidelines for Rehabilitation and the State Historic Building Code.

9. Light and Glare. The light and glare potential of uses and new development shall be attenuated on a parcel specific basis, applying the following measures so that glare shall not be visible beyond the property line of the use or development.

A. Screening of parking areas by using vegetation or trees. This will reduce the amount of glare generated from painted and chrome automobile surfaces and prevent expanses of stationary and moving automobiles.

B. Hooded lights for nighttime illumination should be used for parking areas, shipping and receiving docks and industrial development. Hooded lights direct the light beam towards the ground where dark pavement will not reflect light and cause spillage into neighboring uses.

C. Nonreflective windows should be used for research and development, and office park developments.

10. Mechanical Equipment Screening.

A. All exterior mechanical equipment, except within the I industrial district and as specified in subsection (10)(B) of this Section, shall be screened from all sides. Equipment to be screened includes, but is not limited to electrical, heating, air conditioning, refrigeration, plumbing, and ductwork.

B. Utility meters shall be screened from view from public rights-of-way. Meters within a corner front yard or in a side yard adjacent to street shall be enclosed in subsurface vaults.

C. The screening shall be of materials that blend with the building design and any adjacent landscaping.

11. Noise.

A. New residential development projects shall meet acceptable exterior noise level standards. The noise contour map on file at City Hall shall be used to screen projects to determine if acoustical studies will be required. The “normally acceptable” noise standards for new land uses established in Land Use Compatibility for Community Exterior Noise Environments shown in Table 6 shall be modified by the following:

1) The maximum acceptable noise levels in residential areas is a Ldn of 60 dBA. This level shall guide the design and location of future development, and is a goal for the reduction of noise in existing development. A 60 dBA Ldn goal will be applied where outdoor use is a major consideration (e.g., backyards in single-family housing developments and recreation areas in multifamily housing projects). The outdoor standard will not normally be applied to small decks associated with apartments and condominiums, but these will be evaluated on a case-by-case basis. Where the City determines that providing a Ldn of 60 dBA or lower cannot be achieved after the application of feasible mitigations, a Ldn of 65 dBA may be permitted at the small decks at the discretion of the City Council.

2) Indoor noise level shall not exceed a Ldn of 45 dBA in new housing units. If the noise source is a railroad, then the outdoor noise exposure criterion should be 70 dBA Ldn for future development.

3) Noise levels in new residential development exposed to an exterior Ldn of 60 dBA or greater shall be limited to a maximum instantaneous noise level in bedrooms of 50 dBA. Maximum instantaneous noise levels in all other habitable rooms should not exceed 55 dBA. The typical repetitive maximum instantaneous noise level at each site would be determined by noise monitoring. Examples would include truck passbys on busy streets, train passbys and train warning whistles.

4) Appropriate interior noise levels in commercial, industrial, and office buildings are a function of the use of space and shall be evaluated on a case-by-case basis. Interior noise levels in offices generally should be maintained at 45 dBA Leq (hourly average) or less.

5) For nontransportation related noise sources, outdoor noise levels within a residential property should not exceed the limits in Table 76 of the Noise Element of the General Plan. Interior noise levels shall be 15 decibels lower than those shown in Table 7.

B. New nonresidential land development projects shall meet acceptable exterior noise level standards set forth in Table 6 of the Noise Element of the General Plan. The noise contour map on file at City Hall shall be used to screen projects to determine if acoustical studies will be required.

C. Noise created by commercial or industrial sources associated with new projects or developments shall be controlled so as not to exceed the noise level standards set forth in Table 7 of the Noise Element of the General Plan as measured at any affected residential land use.

D. Control the level of noise at noise-sensitive land uses generated by construction activities through implementation of the following measures:

1) For construction near noise-sensitive areas, as determined by the Community Development Department, require that noisy construction activities (including truck traffic) be scheduled for periods, according to construction permit to limit impact on adjacent residents or other sensitive receptors.

2) Require a construction schedule that minimizes potential cumulative construction noise impacts and accommodates particularly noise-sensitive periods for nearby land uses (e.g., for schools, churches, etc.)

3) Where feasible, require that holes for driven piles be predrilled to reduce the level and duration of noise impacts.

4) Where feasible, construct temporary solid noise barriers between source and sensitive receptor(s) to reduce offsite propagation of construction noise. This measure could reduce construction noise by up to 5 decibels.

5) Require internal combustion engines used for construction purposes to be equipped with a properly operating muffler of a type recommended by the manufacturer. Also, require impact tools to be shielded per manufacturer’s specifications.

E. Noise Attenuation Techniques: Where noise levels exceed community noise standards for a proposed land use, 1 or more of the following techniques may be required to reduce the noise to acceptable level.

1) Proper site planning to reduce noise impacts should be investigated for a project. By taking advantage of the natural shape and contours of the site, it is often possible to arrange the buildings and other uses in a manner which will reduce and possibly eliminate noise impact. Site planning techniques include:

A) Increasing the distance between the noise sources and the receiver.

B) Placing nonnoise sensitive structures such as parking lots, maintenance facilities and utility areas between the source and the receiver.

C) Using nonnoise sensitive structures such as garages to shield noise-sensitive areas.

D) Orienting buildings to shield outdoor spaces from a noise source.

2) Architectural Layout. In many cases, noise reduction requirements can be met by giving attention to layout of noise-sensitive spaces. Bedrooms, for example, will be considerably quieter if placed on the side of the house facing away from the freeway. Similarly, balconies facing freeways should be avoided. Quiet outdoor spaces can be provided next to a noisy highway by creating a U-shaped development which faces away from the highway.

3) Noise Barriers. To be effective, a noise barrier must be massive enough to prevent significant noise transmission through it and high enough to shield the receiver from the noise source. The minimum acceptable surface weight for a noise barrier is 4 lbs./sq. ft. (equivalent to 3/4-inch plywood) and the barrier must be carefully constructed so that there are no cracks or openings. To be effective, a barrier must interrupt the line-of-sight between the noise source and the receiver.

12. Odor. No use, except within the I industrial district and the P/QP-C public/quasi-public—city district shall emit any obnoxious odor or fumes. Uses within the I industrial district and the P/QP-C public/quasi-public—city district shall minimize emittance of any obnoxious odor or fumes to the extent feasible.

13. Pipelines and Pipeline Right-of-Way. Consistent with pipeline operators’ standards, no buildings or other structures that could impede access shall be installed in any pipeline right-of-way. Prior to the start of construction on any parcel that includes or is bordered by a pipeline or pipeline right-of-way or easement, the Rodeo-Hercules Fire Protection District and the operators of affected pipelines shall be consulted regarding the adequacy of safety procedures for pipeline accidents. Developers of residential projects adjacent or nearby to pipelines shall notify new homeowners of the presence of the pipeline through a notice in the recorded deed.

14. Storage.

A. There shall be no visible exterior storage of equipment; supplies; motor vehicles, trailers, boats, or their component parts; and refuse, garbage, junk or their receptacles except as allowed within the Zoning Ordinance, Municipal Code and other laws.

B. All allowed exterior storage, except within the I industrial district, shall be screened by landscaping, fences, walls or hedges as per Section 13-30.600.

15. Tree Removal. Tree removal regulations within the City are set forth in Title 4, Chapter 15 of the Municipal Code.

16. Undergrounding Utilities. All utility distribution facilities (including but not limited to electric, communication and cable TV lines), including utility service laterals and equipment, installed in and for the purpose of supplying service to any building or property shall be placed underground, except as follows:

A. Equipment appurtenant to underground facilities, such as surface mounted transformers, pedestal mounted terminal boxes and meter cabinets, and risers from concealed ducts.

B. Poles supporting street lights.

Undergrounding shall be in compliance with Title 10, Chapter 6, Utility Undergrounding.

17. Vibration. No vibration associated with any use shall be discernible beyond the property line of the use. Vibration within a property shall be controlled so that it does not constitute an annoyance or nuisance to other uses within the site.

18. View Corridors. Development shall preserve important view corridors, where feasible. The attributes of the view corridor that characterize its significance as seen from roadways, pedestrian paths or other public vantage points shall be identified and preserved to avoid view obstruction. Buildings shall be sited so as to minimize view obstruction from sensitive viewpoints. The following views, from publicly accessible viewpoints, shall be preserved to the maximum extent feasible:

A. Upper drainage views from higher elevations of the Sycamore site adjacent to City Hall easterly up the floor of Franklin Canyon.

B. Lower drainage views from Hercules Point north across open water to Lone Tree Point and beyond to Solano and Napa Counties.

C. Lower drainage ridge views from the promontory of San Pablo Bay, Lone Tree Point, Franklin Canyon and the Refugio Creek floodplain.

D. San Pablo Avenue views of specimen oak tree stands and, where feasible, of eucalyptus groves.

E. Views of San Pablo Bay and the Hills of Marin, Sonoma and Napa Counties, and inland of the Briones Hills, that are available from various elevation points on undeveloped properties west of I-80 and from the shoreline areas along the Bay.

F. Views from the former Hercules Powder Company offices on the promontory to the west, north and east.

19. Water Conservation.

A. Use of drought-resistant landscaping is required in new developments. Installation of low-flush toilets and other low-flow plumbing fixtures is required for new residential and commercial development.

B. Installation of dual plumbing systems in large developments to accommodate future use of reclaimed wastewater for nondomestic purposes such as landscape irrigation, commercial and industrial process uses and toilet flushing in nonresidential buildings is encouraged. [Ord. 515 § 2, 2018; ZO § 31.300.]

The purpose of this Chapter is to:

1. Provide safely accessible, aesthetically attractive, well landscaped, screened and maintained off-street parking facilities.

2. Alleviate or prevent traffic congestion and shortage of curb spaces, off-street parking and loading facilities for new land uses and major alterations and enlargements of existing land uses.

3. Provide for adequate off-street parking and loading area design to assure their usefulness, protect the public safety and, where appropriate, insulate surrounding land uses from their impact. [Ord. 515 § 2, 2018; ZO § 32.100.]

All new uses, new structures, and major alterations or expansions of existing uses and structures shall provide off-street parking and loading facilities as per Tables 13-32.1 and 13-32.2. No certificate of occupancy shall be issued until the parking facilities required in this Chapter are provided. A use permit may be revoked if, at any time, adequate parking facilities are not provided and available for use as required.

1. No existing use of land or structure shall be considered a nonconforming use or a nonconforming structure solely because of the lack of off-street parking facilities or off-street loading facilities prescribed in this Chapter; provided, that facilities being used for off-street parking and off-street loading shall not be reduced in capacity to less than the number of spaces or berths required or reduced in area to less than the minimum standards.

2. No off-street parking facility or off-street loading facility provided for a use of land or structure shall be reduced in capacity or in area without sufficient additional capacity or additional area being provided to comply with the regulations of this Division.

3. Off-street parking facilities and off-street loading facilities shall be provided for a major alteration or enlargement of a site or structure which would increase the number of parking spaces required by 10 percent or more over existing levels of use or supply. The number of parking spaces or loading berths provided for a major alteration or enlargement of a site or structure shall be in addition to the number existing prior to the alteration or enlargement, unless the preexisting number is greater that the number required, in which instance the number in excess of the prescribed minimum shall be counted in calculating the number provided to serve the major alteration or enlargement.

4. Off-street parking spaces or off-street loading berths provided for a use of land or a structure shall not be used to provide for required off-street parking spaces or off-street loading berths for another use or a structure on another site, unless an easement or joint use agreement is recorded in the office of the County Recorder designating the off-street parking facility or the off-street loading facility with legal descriptions of both sites, and certifying that the off-street parking facility or the off-street loading facility shall not be used for any other purpose unless the restriction is removed by resolution of the Planning Commission. No certificate of occupancy shall be issued until a certified copy of the recorded easement or joint use agreement has been filed with the Building Official.

Upon submission of satisfactory evidence that other off-street parking facilities or off-street loading facilities have been provided in compliance with the requirements of this Division or that the use has ceased or the structure has been removed or altered so as no longer to require the off-street parking facility or the off-street loading facility, the Planning Commission may by resolution remove the restriction. [Ord. 515 § 2, 2018; ZO § 32.200.]

1. Parking Spaces Required. The minimum number of parking spaces that shall be provided for a development or use is set forth in Table 13-32.1. If a use is not specified in Table 13-32.1, the same number of off-street parking spaces shall be provided as are required for the most similar specified use. The Planning Commission may require a greater number of parking spaces than the minimum specified in Table 13-32.1 in order to accommodate the parking demands of specific projects and uses.

For a use which operates on 2 or more shifts and the number of required off-street parking spaces is determined by the number of employees, the required off-street parking spaces shall be based upon the number of employees on the largest shift.

Off-street parking facilities requirements may be provided by the permanent allocation of the prescribed number of spaces for each use in a common parking facility as long as the total number of spaces provided shall not be less than the sum of the individual requirements. An executed and recorded copy of an agreement or joint use easement for the joint use of a common parking facility shall be filed with the application for a certificate of occupancy.

2. Calculation of Parking Spaces. The number of parking spaces required is calculated by determining the total size of the facility (such as dwelling units, seats, employees or 1,000 square feet of floor area, etc.) and multiplying this number by the number of spaces required per unit as shown in Table 13-32.1. If a fractional number of parking spaces result, 1 parking space shall be provided for a fraction of one-half space or more. No parking space shall be required for a fraction of less than one-half space.

If more than 1 use is located on a site or within a building, the number of parking spaces provided shall be equal to the sum of the requirements prescribed in this Table 13-32.1 for each use. However, if the development is a shopping center then all uses that share common walls or roofs will be calculated on a shopping center use basis. If there are separate pads with free standing buildings, their parking requirements shall be calculated as individual uses and added to the other shopping center parking requirements.

3. Handicapped Spaces. Handicapped spaces shall be provided as part of the required off-street parking spaces according to the standards set forth in Table 13-32.2.

4. Parking Space and Parking Lot Design Standards. Off-street parking facilities provided in compliance with subsection (1) of this Section shall meet the following standards:

A. Each standard parking space shall be not less than 18 feet in length and 9 feet in width, exclusive of aisles and access drives. Each compact parking space shall be not less than 16 feet in length and 8 feet in width, exclusive of aisles and access drives.

1) Not more than 40 percent of parking for a nonresidential project may be designated as compact parking;

2) At a residential project, up to 35 percent of parking may be designated as compact parking;

3) The minimum length of a standard and compact space may include a maximum overhang into adjoining landscaping of 18 inches;

4) Where a fence, wall or supports for a carport adjoin the length of a parking space, the width of that space shall be increased by 2 feet in addition to the width required by this Section.

B. Entrances into parking spaces located in a garage or carport shall have an overhead clearance of not less than 7 feet with a horizontal clearance of not less than 8 feet for per parking space.

C. Aisles and access drives for access, turning and maneuvering of vehicles at public and private parking areas shall be provided in conformance with the following standards:

1) Access drives providing for vehicular traffic in 1 direction and access drives to parking facilities for single-family dwellings shall have a width of not less than 10 feet, except as may be required by the Rodeo Fire Protection District for emergency access;

2) Access drives provided for vehicular traffic in 2 directions shall have a width of not less than 20 feet;

3) A one-way access drive providing access to 10 or more parking spaces shall have a width of not less than 20 feet;

4) Aisles providing access to parking shall conform to the standard set forth in Table 13-32.3.

5) Aisles providing access to parking angles other than those specified in this Chapter shall have such dimensions as may be prescribed by the Planning Commission.

D. No off-street parking area shall be designed or laid out so as to require the operator of a vehicle to drive upon any portion of a street in order to drive or maneuver from 1 aisle of the off-street parking area to another aisle.

E. Each parking space shall be accessible from a street or alley.

F. Entrances and exits shall be provided at locations approved by the City Engineer.

G. The parking area, aisles and access drives shall be paved so as to provide a durable, dustless surface and shall be so graded and drained as to dispose of surface water. Pavement shall conform with either of the following minimum standards:

1) Asphalt paving: 2 inches of asphalted concrete on 4 inches of aggregate base material or equal as determined by the City Engineer.

2) Concrete paving: 4 inches of Portland Cement Concrete on 3 inches of aggregate base material or equal as determined by the City Engineer.

H. Bumper rails or curbs shall be provided where needed for safety or to protect property.

I. If the parking area is illuminated, lighting shall be deflected away from abutting streets and residential sites so as to cause no dangerous or annoying glare.

J. No access drive shall be located closer than 2 feet to any property line and no access drive or parking area shall be located closer than 3 feet to any wall of a main structure, except in a commercial or industrial district where no access drive or parking area shall be located closer than 5 feet to any property line which adjoins a residential district nor closer than 5 feet to any property line which adjoins a street.

K. Parking in setback areas shall not be located in a required front yard, in a required side yard adjoining a street on a corner site, or in a required rear yard on a double frontage lot. Parking areas, including parking spaces located in a carport, which are located in a front yard, in a side yard adjoining a street on a corner site, or in a rear yard on a double frontage lot shall be screened from view from public rights-of-way by a wall, hedge or fence not less than 4 feet in height. The Community Development. Director may determine on a case-by-case basis that tandem parking is not feasible and therefore not permissible. That determination may be based upon specific site or regional topographical conditions, or on fire and life safety conditions, or on evidence that tandem parking is not permitted in existing residential subdivisions elsewhere in the City.

L. No repair work or servicing of vehicles shall be conducted on a parking area.

M. Off-street parking spaces located in a garage or carport shall comply with the following standards:

1) A parking space located in a single garage or carport shall be not less than 20 feet in length and 10 feet in width:

2) Parking space located in a garage or carport for more than 1 car shall be not less than 20 feet in length and shall have a minimum width of 10 feet for the first space and 9 feet for each additional space.

N. Off-street parking facilities shall be located on the same site as the use for which the spaces are required or on an adjoining site or a site separated only by an alley from the use for which the spaces are required.

O. The pavement of an off-street parking facility shall be striped with paint or otherwise marked to delineate the boundaries of each area intended to be used as a parking space. [Ord. 554 § 2, 2025; Ord. 515 § 2, 2018; Ord. 484 § 11, 2015; ZO § 32.300.]

1. Loading Spaces Required. The minimum number of loading spaces that shall be provided for a development or use is set forth in Table 13-32.1. If a use is not specified in Table 13-32.1, the same number of loading spaces shall be provided as are required for the most similar specified use. Required loading spaces for medical facilities are in addition to any ambulance spaces that are to be provided. Off-street loading berths in addition to those prescribed in this Section shall be provided if the Planning Commission finds that such additional berths are necessary to assure that trucks will not be loaded, unloaded or stored on public streets. A finding of the Planning Commission shall be based on an investigation of the anticipated frequency of truck pick-ups and deliveries, and of the truck storage requirements of the use.

2. Calculation of Loading Spaces. The number of loading spaces required is calculated by dividing the total amount of a use unit in terms of the noted of measure, by the amount required for each parking space. If a fractional number of parking spaces is required, 1 loading space shall be provided for a fraction of one-half space or more, and no loading space shall be required for a fraction of less than one-half space. If more than 1 use is located on a site or within a building, the number of loading spaces provided shall be equal to the sum of the requirements prescribed in this Section for each use.

3. Loading Space Design Standards. Off-street loading facilities provided in compliance with subsection (1) of this Section shall meet the following standards:

A. Each loading berth shall be not less than 45 feet in length and 12 feet in width and shall have an overhead clearance of not less than 14 feet except that for mortuaries, cemeteries, columbariums and crematories, a loading berth used exclusively for hearses shall be not less than 24 feet in length and 10 feet in width and shall have an overhead clearance of not less than 8 feet.

B. Sufficient room for turning and maneuvering vehicles shall be provided on the site so it is not necessary for any vehicle to back onto the site from a public street.

C. Each loading berth shall be accessible from a street or alley.

D. Entrances and exits shall be provided at locations approved by the City Engineer.

E. The loading area, aisles and access drives shall be paved so as to provide a durable, dustless surface and shall be so graded and drained as to dispose of surface water. Pavement shall conform with either of the following minimum standards:

1) Asphalt paving: 2 inches of asphaltic concrete on 4 inches of aggregate base material or equal as determined by the City Engineer.

2) Concrete paving: 4 inches of Portland Cement concrete on 3 inches of aggregate base material or equal as determined by the City Engineer.

F. Bumper rails or curbs shall be provided where needed for safety or to protect property.

G. If the loading area is illuminated, lighting shall be deflected away from abutting streets and residential sites so as to cause no dangerous or annoying glare.

H. A loading area shall not be located in a required front side or rear yard in any district. A loading area located outside of a building shall be screened from public view by a solid wall or fence, a vine-covered chain-link fence with slats or a compact evergreen hedge, (with solid gates where necessary), not less than 6 feet in height.

I. No repair work or servicing of vehicles shall be conducted in a loading area

J. Off-street loading facilities shall be located on the same site with the use for which the berths are required or on an adjoining site.

K. The pavement of an off-street loading facility shall be striped with paint or otherwise marked to delineate the boundaries of each area intended to be used as a loading space. [Ord. 515 § 2, 2018; ZO § 32.400.]

To encourage new development, increase housing affordability and housing choice, and minimize impervious surfaces and associated water runoff, the City should incorporate flexibility into minimum parking requirements. These “flex requirements” will allow development projects to provide a reduced amount of parking. The City may reduce or completely waive the number of parking spaces required based on quantitative information provided by the project applicant that documents the need for fewer parking spaces, as described below.

1. Application Requirements. Applications for a parking exception shall be accompanied by 1 of the following documents, prepared by a qualified professional, demonstrating that the proposed reduction will not create either on-site or off-site parking issues:

A. A parking study showing existing or comparable parking usage. The scope of the parking study shall be approved by the Community Development Director.

B. A market profile of existing or anticipated project users documenting below average vehicle ownership rates (for residential development) or below average vehicle trip generation rates (for commercial development).

C. Documentation of the expected reduction of vehicle trips and/or car ownership rates associated with the project due to the incorporation of transportation and parking demand management strategies into the project.

D. Documentation that the proposed land use will operate exclusively when the existing parking supply within 1,250 feet is adequate to accommodate the parking for the proposed use (e.g., a restaurant or club that operates only during evening hours or a shopping center with shared parking).

E. Documentation of the experience of other cities comparable to Hercules that have a lower parking requirement for the proposed land use.

2. Approval. A parking exception pursuant to this section shall be approved by the approval authority for the project including the requested parking exception.

3. Required Findings. In approving a parking exception, the approval authority shall make the following finding:

A. That the granting of the parking exception will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity of the project. [Ord. 536 § 2, 2022.]

The purpose of this Chapter is to:

1. Provide for the orderly construction, location, placement, size and maintenance of signs, outdoor advertising structures, and displays of any character, and to safeguard the general public from the hazards caused by dangerously and improperly located and maintained signs.

2. Promote and protect the public health, safety and welfare by regulating outdoor signs of all types. The specific goals are to protect property values, enhance and protect the physical appearance of the community, to reduce sign or advertising distractions and obstructions, and to ensure that new signs are compatible in design and scale with their surroundings.

3. Administrative Interpretations. All interpretations of this Chapter are to be exercised in light of the message neutrality and message substitution policies. Where a particular type of sign is proposed, and the type is neither expressly allowed nor prohibited by this Chapter, or whenever a sign does not qualify as a “structure” as defined in the Building Code as adopted by the City of Hercules, then the Planning Commission or Director, as applicable, shall approve, conditionally approve, or disapprove the application based on the most similar sign type, using physical and structural similarity, that is expressly regulated by this Chapter.

4. Message Neutrality. It is the City’s policy and intent to regulate signs in a manner consistent with the U.S. and California constitutions, which are content neutral as to noncommercial speech and do not favor commercial speech over noncommercial speech.

5. Message Substitution. Subject to the property owner’s consent, a noncommercial message of any category or content may be substituted, in whole or in part, for any allowed commercial message or any noncommercial message; provided, that the sign structure or mounting device is legal, without consideration of message content. Such substitution of message may be made without additional approval or permitting. The purpose of this provision is to prevent favoring commercial speech over noncommercial speech, or favoring any particular noncommercial message over any other noncommercial message. Message substitution is a continuing right which may be exercised any number of times. This provision does not:

A. Create a right to increase the total amount of sign area on site.

B. Create a right to substitute an off-site commercial message in place of an on-site commercial message or in place of a noncommercial message.

C. Affect the requirement that a sign structure or mounting device must be properly permitted.

D. Authorize changing the physical method of image presentation (such as digital, LED, or neon) display without a permit.

Except as otherwise provided in this Chapter, it is unlawful for any person to construct, erect, enlarge, alter, or relocate within the City any sign as defined in this Chapter, without first obtaining a sign permit for a sign or planned sign program, subject to design review approval, and a building permit. [Ord. 527 § 1, 2020; Ord. 515 § 2, 2018; Ord. 510 § 2, 2018; ZO § 34.100.]

[Ord. 527 § 1, 2020; Ord. 515 § 2, 2018; Ord. 510 § 2, 2018; ZO § 34.101.]

The Director of Community Development is authorized to approve, conditionally approve, or deny sign permits and sign programs, except where Planning Commission action is required, or when a referral to the Planning Commission is made in accordance with applicable sections of the Zoning Ordinance. Any application for a sign permit or sign program approval requiring action by the Director shall be acted upon within 30 days of submittal. [Ord. 527 § 1, 2020; Ord. 515 § 2, 2018; Ord. 510 § 2, 2018; ZO § 34.102.]

The Planning Commission shall hold a public hearing as specified in the Zoning Ordinance, review the application based on the criteria of this Chapter, and take action under the following circumstances:

1. The sign(s) does not conform to an established design policy adopted by the Planning Commission and/or City Council in accordance with this Section.

2. The sign is a freeway-oriented, freestanding pylon sign.

3. The approval of master sign programs or sign variances. [Ord. 527 § 1, 2020; Ord. 515 § 2, 2018; Ord. 510 § 2, 2018; ZO § 34.103.]

Any sign that legally exists as of the effective date of the ordinance codified in this Section shall be considered a legal conforming sign.

1. Any legal conforming sign may be altered; provided, that sign has the same fixtures, similar materials, similar colors, and similarly styled lettering and provided the sign face is not enlarged as determined by the Community Development Director.

2. New signage may be proposed for a site that contains legal conforming signage; provided, that all new signage is in compliance with this Chapter. The Planning Commission may approve waivers to signage for a site that contains legal conforming signage, if such waivers are consistent with this Chapter. Such waivers may be made only if the signage plan for the entire site furthers the purpose of this Chapter by reducing visual clutter or otherwise improves the aesthetic appearance of the signage on the site by bringing the overall site into closer compliance with the requirements of this Chapter. A legally installed sign which does not comply with this Chapter may continue to be used and ordinary maintenance and repairs may be made to the legally conforming sign provided the structure is not moved, enlarged, or structurally altered. A legal conforming sign may not be replaced with one which is nonconforming. [Ord. 527 § 1, 2020; Ord. 515 § 2, 2018; Ord. 510 § 2, 2018; ZO § 34.200.]

Any sign face that identifies or advertises a business must be removed within 30 days after the termination of that business from that site. After a period of 90 days of the termination of the business if the sign is not reused by another business occupying the same site, all mountings, brackets, poles, sign faces and other signage material must be removed. [Ord. 527 § 1, 2020; Ord. 515 § 2, 2018; Ord. 510 § 2, 2018; ZO § 34.204.]

1. Notice and Removal. The Chief Building Official shall remove or cause to be removed any abandoned, dangerous, defective, illegal, prohibited, not maintained, or nonconforming sign subject to removal under the provisions of this Chapter, which has not been removed within the time period specified in this Chapter, or any other sign maintained in violation of the provisions of this Chapter. The Chief Building Official shall prepare a notice which shall describe the sign and specify the violation involved and shall state that if the sign is not removed or the violation is not corrected within 30 days, the sign shall be removed in accordance with the provisions of this Section.

For signs described under provisions of this Chapter, the notice shall be mailed or given to the occupant of the property or other employee or, the owner of the sign, or representative upon which the sign is located. If known, the notice may also be mailed or delivered to the owner of the sign and the occupant of the property.

2. Emergency Removal. Notwithstanding the above provisions of this Section, in cases of emergency, the Chief Building Official may cause the immediate removal of a hazardous, dangerous or defective sign, without notice.

3. Cost of Lien. Any sign removed by the Chief Building Official pursuant to the provisions of this Section shall become the property of the City of Hercules, and may be disposed of in any manner deemed appropriate by the City. The cost of removal of the sign shall be considered a debt to the City by the owner of the sign and owner of the property, and may be recovered by the City by a lien against the property or any other remedy prescribed by law.

4. Sinking Fund. The project sponsor of a proposed sign shall be required to provide proof of the establishment of a sinking fund to cover the cost of removing the sign if it is abandoned. The word “abandoned” shall mean a sign that has not been operational for a consecutive 90-day period, except where nonoperation is the result of maintenance or renovation activity pursuant to valid city permits. The sinking fund shall be established within a 2-year period, at a financial institution approved by the City’s Finance Department. The sinking fund payment shall be determined by the Finance Director and shall be adequate to defray expenses associated with the removal of the sign. The minimum amount for a sinking fund for any type of sign shall be $300.00. The maximum amount for a sinking fund for a sign shall be $3,000. [Ord. 527 § 1, 2020; Ord. 515 § 2, 2018; Ord. 510 § 2, 2018; ZO § 34.205.]

The provisions of this Chapter shall not be construed as relieving or limiting in any way the responsibility or liability of any person erecting or owning any sign, for personal injury or property damage resulting from the placement of such sign, or resulting from the negligence or willful acts of such person, its agents, employees, or workmen, in the construction, maintenance, repair, or removal of any sign erected in accordance with a permit issued under this Chapter; nor shall it be construed as imposing upon the City or its officers or employees any responsibility or liability by reason of the approval of any signs, materials, or devices under the provisions of this Chapter. [Ord. 527 § 1, 2020; Ord. 515 § 2, 2018; Ord. 510 § 2, 2018; ZO § 34.206.]

1. Permit Revocation. The Planning Commission is authorized and empowered to revoke any sign permit issued by the Community Development Director upon failure of the holder thereof to comply with any provisions of this Chapter. The City Council is authorized and empowered to revoke any sign permit issued by the Planning Commission upon failure of the holder thereof to comply with any provisions of this Chapter.

2. Public Nuisance. In the event any person should erect, alter, relocate or maintain a sign in violation of the provisions of this Chapter, the same is declared a public nuisance and, in addition to any other remedies available, including but not limited to administrative citations and civil penalties, the City Attorney is authorized to bring and prosecute an action in a court of competent jurisdiction to enjoin such person from continuing such violation. [Ord. 527 § 1, 2020; Ord. 515 § 2, 2018; Ord. 510 § 2, 2018; ZO § 34.207.]

1. Within or on Structures. When the graphic representation of the sign occurs on a sign board, the size of the sign shall be calculated by the square footage of the sign board. For illuminated signs, all portions of the sign which are illuminated shall be included in the square footage. In other cases where lettering is attached to a structure and no sign board is utilized, the square footage of the sign shall be calculated by drawing a rectangle around all portions of the lettering; the square footage of the sign shall be the area of the rectangle.

2. The sign area of wall-mounted and freestanding pylon and ground-mounted monument-type signs shall be calculated as follows:

A. The area of a wall sign comprised of individual channel-type letters, numerals, symbols, or other similar components painted on or attached flat against the wall of a building, where such individual components are without integrated background definitions and are not within a circumscribed frame area, the total area of the sign shall be measured by the area enclosed by 4 vertical and horizontal straight lines containing each word or symbol.

B. Where a freestanding, monument, or pylon-supported sign has 2 faces, the area of both faces shall be included in determining the area of the sign. Sign height shall be measured as the vertical distance from grade adjacent to the sign footing, to the top of the sign, including the support structure and any design elements.

3. The regulations and limitations of this Section are intended to be maximum dimensions permitted. The Community Development Director or Planning Commission may require a sign or sign program be reduced to less than the maximum area or height allowable if such a requirement is found to be necessary to comply with the purposes of this Chapter. [Ord. 527 § 1, 2020; Ord. 515 § 2, 2018; Ord. 510 § 2, 2018; ZO § 34.208.]

The following sections set forth sign regulations according to zoning district classifications. Signage within a specific zoning district shall conform to the sign requirements for that zoning district. [Ord. 527 § 1, 2020; Ord. 515 § 2, 2018; Ord. 510 § 2, 2018; ZO § 34.300.]

The maximum area, height and location of signs allowed in residential districts and for residential uses shall be as follows:

1. Single-family dwellings may have 1 sign not to exceed 2 square feet in area located not closer than 10 feet to any property line, and not exceeding 6 feet in height.

2. In addition to the above, single-family homes with a permitted home-based occupation may also have 1 sign not to exceed 1 square foot in area. Such sign shall be nonilluminated and shall be located flat against the wall of the dwelling.

3. One identification sign pertaining to a multifamily dwelling with an area not to exceed 2 square feet for each dwelling unit or 20 square feet, whichever is less. The sign shall be located on the site of the multifamily dwelling, shall not be located in or face into any interior side yard or any rear yard, and if attached to a building shall not project more than 6 inches into a required front yard or a required side yard adjoining a street. A detached sign located not closer than 5 feet to any portion of a building, or to any property line adjoining a street, shall be located not closer than 20 feet to any other property line and shall not exceed 4 feet in height.

4. Identification signs pertaining to a conditional use with an aggregate area not to exceed 1 square foot for each 8 feet of frontage of the site. Such signs shall be located on the site of the conditional use, shall not be located in or face into any interior side yard or any rear yard, and if attached to a building shall not project more than 6 inches into a required front yard or a required side yard adjoining a street. Detached signs located in any front yard or any side yard adjoining a street shall be located not closer than 5 feet to any portion of a building, and shall not exceed 6 feet in height.

5. No sign attached to a building shall project above the eave line or parapet line. No sign shall have any moving parts or be constructed of any reflective material. No illuminated sign shall be directly lighted, or flash on or off, but may be indirectly lighted or may have semi-direct or diffused lighting. [Ord. 527 § 1, 2020; Ord. 515 § 2, 2018; Ord. 510 § 2, 2018; ZO § 34.301.]

The nonresidential zoning districts include the following:

1. All commercial districts including the general commercial, community commercial, recreational commercial, and the commercial public mixed-use district.

2. All industrial districts including the planned commercial industrial mixed-use district and the planned office/research and development district.

3. All nonresidential zoning district signs are required to be calculated with the following formula, unless stated otherwise:

A. Wall-mounted signs: 1 square foot of sign face for every lineal foot of storefront space leased, owned or rented by the business tenant.

B. Ground-mounted monument sign: 1 square foot of sign face for every 4 lineal feet of street frontage. Maximum height: 6 feet.

4. The commercial-residential and the industrial-residential mixed-use districts shall comply with the following:

A. Mixed-Use Signs. Only nonilluminated blade, awning, canopy or wall-mounted signs are permitted. One square foot of sign for every 5 lineal feet of building storefront space leased, owned or rented by the business tenant.

5. Only businesses within the boundaries of the property shall be permitted to advertise on any freestanding pylon, ground-mounted monument or wall-mounted sign.

6. No sign attached to a building shall project above the eave line or parapet line. No illuminated sign shall be directly lighted, or flash on or off, but may be indirectly lighted or may have semi-direct or diffused lighting. [Ord. 527 § 1, 2020; Ord. 515 § 2, 2018; Ord. 510 § 2, 2018; ZO § 34.302.]

The following signs, as defined, require review by the Community Development Director in accordance with the provisions of this Chapter. Signs associated with projects subject to design review permits shall be reviewed as part of that process; however, such signs also require a sign permit from the Community Development Director. The Community Development Director may not waive any provisions of this Chapter. Signs proposed for properties within the Central Hercules Plan shall be subject to the provisions of the Central Hercules Plan Regulating Code, as well as the provisions of this Chapter.

1. Permits for signs subject to review under Sections 13-34.301 and 13-34.302 shall be acted upon within 30 days of the submission of a complete sign permit application. Applications for sign permits must contain a scale drawing indicating the dimensions, materials, coloring, graphic content, lighting source, mounting hardware and site location. In addition, such application shall include photographs of signs found on properties located on each side of the structure.

2. The Community Development Director may approve, deny or approve with conditions any permit application for signs under Sections 13-34.301 and 13-34.302.

3. All reviewing authorities shall review all signs and their locations within a site and placement on a structure in accordance with Section 13-34.302.

4. Except as allowed through an approved master sign program, no individual sign shall exceed 100 square feet in sign area, except for signs on structures greater than 30,000 square feet which may not exceed 250 square feet in sign area.

5. Awning and Canopy Signs. An awning or canopy is a covering (often made of cloth or canvas, but that may be made of other materials such as metal or wood) that is either permanently attached to a building or can be raised or retracted or fixed to a position against the building when not in use. The sign face of an awning or canopy sign may not exceed 25 percent of the area of the plane of the awning or canopy on which the sign face appears. No material or signage may hang from an awning.

6. Monument Sign. A monument sign is mounted directly on the ground. Except as allowed through an approved master sign program, the size of the face of a monument sign shall not exceed 32 square feet, the maximum height of the sign shall not exceed 6 feet, and only 1 monument sign per 600 feet of lot frontage is permitted.

7. Freestanding Pylon Sign. A freestanding pylon sign is a sign attached to columns erected directly into the ground. Only 1 freestanding pylon sign per 1,000 feet of lot frontage is permitted. The height of a pylon sign is measured from the top of the sign to the ground.

A. New freestanding pylon signs are prohibited to be constructed in the City of Hercules except where all of the following conditions are met:

1) The property on which the pylon sign is to be constructed must be zoned as General Commercial (CG).

2) The pylon sign must be constructed on site and within 100 feet of the Interstate 80 right-of-way or easement.

3) The pylon sign must be approved as part of a master sign program and shall be subject to environmental review under the California Environmental Quality Act.

B. The pylon sign must be for on-site commercial developments intended to serve a market area that extends beyond the City limits of Hercules (as determined by the Planning Commission).

1) The sign shall be supported by a minimum of 2 enclosed supports, located at or near the exterior edge of the sign face, or constructed as a monolith (with no open area between the message area and the ground upon which the sign is located). Signs supported by a single pole shall not be permitted.

2) At signs which contain open area below the message area (i.e., between the supports), the height of the open area shall be at least equal to the height of the message area.

3) The colors and/or materials of the sign and the supporting structure shall be compatible with the exterior of the shopping center or buildings for which the sign provides identification. The design of the freestanding sign should reflect the architectural design of the buildings within the shopping center.

4) The sign may identify the shopping center or businesses (where a single business is not part of a larger center or development) and the name of the shopping center or business shall be prominently displayed in the sign message area. Individual tenants/owners may be identified on the sign, providing the name of the center shall be clearly legible to the “target” audience, as determined by the Planning Commission. The freestanding pylon sign shall be limited to a maximum of 3 on-site tenants.

5) Where the center/business adjoins a public street, the sign and the supporting structure shall be located no less than a distance equal to the maximum sign height from the nearest edge of the public street sidewalk (or curb, if there is no sidewalk), and the sign and supporting structure shall be located no closer than 10 feet from any other property line at the perimeter of the center/business site. This distance shall be measured from the closest point on the property line to the portion of the sign or sign structure that is closest to the property line.

6) The maximum height of the sign shall not exceed 90 feet.

7) Notwithstanding subsection (13) of this Section, pylon signs may include a digital display, so long as such digital display occupies no more than 25 square feet on each sign face.

8) As of the effective date of the ordinance codified in this Chapter, a legally installed freestanding pylon sign may continue to be used and ordinary maintenance and repairs may be made to the legally conforming sign provided the structure is not moved, enlarged, or structurally altered. Existing freestanding pylon signs will not be permitted to be enlarged, expanded or allowed any additional sign panels to be constructed within their existing sign area. Existing sign panels on legally constructed and permitted freestanding pylon signs are permitted to be replaced when new businesses replace 1 or more of the existing on-site businesses shown on existing sign panels.

8. Projecting Signs/Blade Signs. A projecting or blade sign is one which is attached to a wall at an angle. Where a projecting sign projects over a sidewalk, it must clear the ground by at least 8 feet. Any use which contains a projecting sign may not contain a freestanding pylon sign. Projecting signs may not be placed above the first story of a structure unless it is advertising a use that occurs above the first floor. In cases where a projecting sign occurs above the first story of a structure, it may not be placed higher than the midpoint of the second story.

9. Subdivision Sales Signs, On-Site. On-site subdivision sales signs shall comply with the following regulations:

A. A maximum of 2 advertising signs, with a maximum area of 24 square feet and a maximum height of 6 feet for each sign; or

B. A maximum of 4 directional signs, with a maximum area of 16 square feet and a maximum height of 6 feet for each sign; or

C. One sign for each model in the project, with a maximum area of 8 square feet and a maximum height of 4 feet for each sign.

10. Subdivision Sales Signs, Off-Site. Off-site subdivision sales signs shall comply with the following regulations:

A. The maximum number of signs shall be 4 per project.

B. The maximum height shall be 6 feet.

C. Setbacks shall be provided as follows: 15 feet from property line, 300 feet from other authorized off-site subdivision sales signs, and 100 feet from occupied residential structures.

D. All sign bases and support structures shall be boxed or enclosed in a decorative base.

11. Wall Signs (including Marquee Signs). A wall sign is one which is applied, painted or affixed flush to the exterior of a structure. No wall sign shall protrude beyond the roof line or cornice structure of a building, and shall not cover windows, doors or architectural detailing of the building to which it is affixed.

12. Changeable Copy Signs. Changeable copy signs are prohibited except as approved through a master sign program.

13. Directory Signs. A directory sign is one which advertises more than 1 use or establishment. A directory sign may be mounted to the ground, 1 or more poles, walls, or may project from a wall at an angle. A directory sign may advertise or identify only uses which exist within the same lot or uses which exist in any group of structures which share a common point of access from the public way. Only 1 directory sign per 500 feet of lot frontage is permitted. Directory signs are permitted only in the locations specified in subsection (13)(A)(B) or (C) of this Section:

A. Community commercial zoning district along Sycamore Avenue.

B. General commercial zoning district along San Pablo Avenue.

C. General commercial zoning district along Willow Avenue.

14. Gasoline Sales Canopy Signs. Except as allowed through an approved master sign program, gas station canopy signs shall not extend beyond the edges of the canopy and shall comply with 1 of the 2 following alternative provisions:

A. No sign shall exceed 15 percent of the square footage of the side of the canopy upon which it is located. No side shall contain more than 1 sign.

B. The total area of signs on a gas station canopy shall not exceed 9 percent of the total square footage of all sides of the canopy. No canopy shall have more than 2 signs located on it. Both signs may be located on the same side of the canopy.

15. Master Sign Programs.

A. General Requirements. A master sign program is required when a sign(s) is requested for:

1) A building or grouping of buildings which contains 6 or more business or office uses; or

2) Community uses that request more than 2 identification signs. No permit shall be issued for an individual sign requiring a permit on a site with 6 or more existing or proposed business spaces unless, and until, a master sign program for the property on which the sign will be erected has been approved by the Design Review Committee.

B. Required Information. A master sign program shall contain the following information:

1) An accurate plot plan of the lot, at such a scale as the Planning Division may require.

2) Location of buildings, parking lots, driveways and landscaped areas on the lot.

3) Computation of the maximum total sign area, the maximum area for individual signs, the height of signs and the number of freestanding signs allowed on the lot included in the plan.

4) An accurate indication of the plot plan of the proposed location of each present and future sign of any type, whether requiring a permit or not.

5) Color scheme.

6) Lettering or graphic style.

7) Materials.

8) Sign dimensions.

C. Window Signs. A master sign program including window signs shall indicate the areas of the windows to be covered by window signs and the general type of the window signs permitted (e.g., paper affixed to window, painted, neon, etched on glass). (See Section 13-34.500(9) for permitted coverage.)

D. Freestanding Pylon Signs. The master sign program shall address shared or common usage of freestanding pylon signs.

E. Other Provisions. Master sign programs may contain regulations as the Design Review Committee may reasonably determine are necessary to assure the program’s compliance with the requirements of this Chapter.

F. Procedures. A master sign program shall be processed prior to installation of any signs. Any sign which conforms to an approved sign program may be approved by the Director of Community Development. Approval of a master sign program does not waive the permit requirements for individual signs.

G. Amendment. A master sign program may be amended by filing a new master sign program that substantially conforms to requirements of this Chapter.

H. Binding Effect. After approval of a master sign program, no signs shall be erected, placed, painted, or maintained, except in conformance with such plan, and such plan may be enforced in the same ways as any provision in this Chapter. The master sign program shall be attached to the lease agreements for all leaseable space within the project. In case of any conflict between the provisions of such a plan with any other provisions herein, the provisions of the master sign program shall control. [Ord. 527 § 1, 2020; Ord. 515 § 2, 2018; Ord. 510 § 2, 2018; Ord. 503 § 1(B) (Exh. B), 2017; ZO § 34.400.]

The following signs are permitted as indicated in the following subsections, and require no permit:

1. Bulletin Boards. One bulletin board not to exceed 20 square feet in area shall be permitted, serving to identify and announce on-site services and activities. The bulletin board shall be located on the site of the community facility or institution, shall be located not closer than 5 feet to any portion of a building, shall be located not closer than 10 feet to any property line adjoining a street, shall be located not closer than 20 feet to any other property line and shall not exceed 6 feet in height.

2. On-Site Temporary Commercial Sign. An on-site temporary commercial sign is a temporary sign allowed for up to 30 consecutive days and generally mounted to a post structure embedded in the ground with signage attached. On-site temporary residential signage may not exceed 6 square feet for the primary sign and up to an additional 4 square feet for add-on placards. For all other types of land uses and vacant land, the on-site temporary commercial sign may not exceed 24 square feet. These types of signs shall not be located on City of Hercules rights-of-way, landscaped medians or parkways.

3. Off-Site Directional Signs. An off-site directional sign is a temporary, portable off-site sign intended to provide directional assistance and shall be:

A. “A-frame” in design. “Stick signs” are strictly prohibited.

B. Allowed only for locations within the City of Hercules.

C. Limited to a maximum total of 5 temporary double-sided off-site directional signs per destination provided motorist visibility is not obstructed. To prevent motorist visibility from being obstructed, no more than 4 double-sided directional signs for different destinations shall be at a single intersection.

D. Limited to a maximum of 30 inches in height and 6.25 square feet in sign face area as measured on 1 side.

E. Signs may be placed on private property only after first obtaining permission from the property owner.

F. Signs may be placed in the public right-of-way only in such a manner that does not interfere with ADA accessibility or interrupt flow of vehicle or pedestrian traffic nor obstruct vehicular visibility. However, signage is prohibited in the center divider, any landscaped center median, and/or traffic islands of public streets, bicycle paths or public walking trails. Additionally, signs shall not be placed on fences, utility poles or walls, or attached to traffic lights or light standards.

G. Signs may be displayed sunrise to sunset on the day of the event.

H. Violations. All signs in violation are subject to seizure by the City of Hercules. (Note: These signs will be removed and stored at the City of Hercules corporation yard for a maximum of 10 days. After 10 days, the City will dispose of the sign if not claimed. Signs may be retrieved by contacting the Public Works Department and waiving the fine for the first violation, paying $25.00 for the second violation and paying $50.00 for each violation thereafter for retrieval fee per sign.)

I. No balloons or attachments are permitted on off-site directional signs.

4. Temporary Construction Signs. A temporary sign is allowed during the construction phase of a project only, not to exceed 40 square feet in area and 10 feet in height. Such sign must be removed upon the issuance of a certificate of occupancy, where one is required. Temporary construction signs may also be used during home improvement or renovation projects that are not subject to a certificate of occupancy, but must be removed after the work has been completed.

5. Signs for Events on Private Property. Placement of signs is prohibited on any State or City public property or right-of-way, or on utility poles. No sign for an event on private property shall be posted more than 24 hours before and after the event. On-site signs for events on private property are limited to a maximum of 4 square feet.

6. Temporary Signs on Nonresidential Property. Temporary signs include but are not limited to those for special, promotional, or seasonal events. Examples of temporary signs include but are not limited to banners, pennants, wind socks, posters, or flags. Such signs may not interfere with pedestrian or vehicular traffic. Temporary signs shall not exceed 36 square feet total, nor exceed 40 percent of the length of the building elevation on which they are displayed. No more than 2 temporary signs may be displayed at any one time. Temporary signs shall only be affixed to a building or fence, and shall not be placed on or above a roof. No individual building occupant may utilize the provisions of this Section for more than 30 days within a calendar year. Prior to displaying any temporary sign or signs, the building occupant shall submit written notification to the Community Development Director of the installation and removal dates.

7. Special Signs. Signs on products or product containers, public information and safety signs, and signs required by local, State or Federal law, shall be exempt from the regulations of this Chapter.

8. Warning Signs. “No trespassing,” “no dumping,” or other warning signs are allowed that do not exceed 4 square feet per sign.

9. Window Signs. Window signs are allowed; provided, that they are placed on the inside of the window, and occupy no more than 25 percent of the glassed area of all windows, and are at least 3 feet from the window frame of an exterior window and the majority of the interior is visible from the outside of the building.

10. Household Signs. Signs that display street numbers, last names and personal names given to residential structures shall not require a permit. [Ord. 527 § 1, 2020; Ord. 515 § 2, 2018; Ord. 510 § 2, 2018; Ord. 497 § 2, 2016; ZO § 34.500.]

The following section establishes regulations for the maximum number, location, maximum area, maximum height and/or special regulations for all signs of a temporary nature that are allowed in the City of Hercules.

1. On-Site Directional Signs. Where appurtenant to a permitted or conditionally permitted use, on-site directional signs may be placed subject to the following regulations:

A. Maximum area of a directional sign shall be 4 square feet.

B. Maximum height shall be 5 feet.

C. Directional signs shall have no commercial message or copy.

2. Inflatable Signs. Inflatable balloons, objects or signs are not permitted to be displayed on any commercial or industrial or mixed-use zoned building except for a combined period per calendar year not to exceed 30 days. All inflatables shall be affixed to the ground, and shall not be attached to or displayed on or above any structure.

3. Temporary Noncommercial Signage. Temporary noncommercial signs are allowed to be displayed only on prescribed public locations identified and adopted through legislation by the City Council. [Ord. 527 § 1, 2020; Ord. 515 § 2, 2018; Ord. 510 § 2, 2018; ZO § 34.600.]

The following signs are prohibited by this Section:

1. Abandoned signs. Any sign which is unused for more than 90 consecutive days shall be deemed abandoned and shall be removed. Individual tenant signs in multi-tenant shopping centers may remain unused for a longer period provided all advertising copy is removed and a blank sign face is maintained. For the purposes of this Section, “unused” shall mean the absence of copy or advertising message, or a sign which is advertising a business or activity no longer located at the subject site.

2. Signs that simulate, by virtue of size, shape, color, lettering, or design, a traffic sign or signal, or signs with characters or graphics that interfere with, mislead, or confuse the pedestrian or motorist are prohibited.

3. Portable signs, sandwich board, “A-frame,” or movable freestanding signs, including signs placed on parked vehicles or trailers, except where specifically authorized as allowable off-site directional signs (see Section 13-34.500(3), Off-Site Directional Signs).

4. Any sign erected in or extending into the public right-of-way, except signs in the commercial, industrial, planned office/research and development zoning districts, and properties in the Central Hercules Plan where mixed commercial-residential land uses are developed and improved, and where the applicant has received an encroachment permit from the Public Works Department, and publicly owned signs for directional purposes.

5. Any roof-mounted sign that projects above the roof or parapet of a building is prohibited. The Planning Commission shall be authorized to grant approval where the sign is designed as part of the building’s architecture, such as a blade sign on a theater facade or a sign integrated into a raised building’s parapet.

6. Animated signs that use blinking lights, audible sounds, human or animal generated movements. This restriction does not apply to electronic message signs and time and temperature signs.

7. Banners, streamers and pennants are prohibited except where specifically authorized by this Chapter. [Ord. 527 § 1, 2020; Ord. 515 § 2, 2018; Ord. 510 § 2, 2018; ZO § 34.700.]

Permitted Signs

Permitted Signs

Permitted Signs

Permitted Signs

Permitted Signs

Prohibited Signs

[Ord. 527 § 1, 2020; Ord. 515 § 2, 2018; ZO § 34.800.]

The purpose of this Chapter is to provide land use and development regulations for specific uses that will then be applicable to sites throughout the City. Unless noted otherwise, these standards are intended to be applied within all zoning and overlay districts. [Ord. 515 § 2, 2018; ZO § 35.100.]

Zoning and overlay district development standards or performance standards in Division II will take precedence over the specific use requirements within this Chapter. If there is a conflict between regulations and standards specified for a particular zoning district and the specific use standards contained within this Chapter, the district specific regulations and standards shall be applied. [Ord. 515 § 2, 2018; ZO § 35.200.]

Accessory buildings are generally allowed in all zoning districts subject to the requirement that the use of the structure be subordinate and incidental to the principal use or structure on the site. 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.

Accessory structures may be either attached to and have a common wall with the main structure on a site, or may be freestanding (i.e., not attached to the main structure). For the purposes of this Chapter, an accessory structure that is connected to the main structure by a breezeway, gazebo, shade structure, deck, or other combustible material (as that term is used in the uniform building code) shall be treated as an attached accessory structure.

1. No accessory structure shall encroach into front and side yards except as noted below.

2. No accessory structure shall be used as living quarters unless specifically allowed in this code.

3. Freestanding accessory structures located in the front half of a site shall provide the same front and side yards as required for the main structure, and, in the residential districts, shall be connected to the main structure by a breezeway not less than 6 feet in width and not more than 12 feet in height.

4. A freestanding accessory structure shall be located at least 5 feet from all side and rear property lines. Structures made with wood or other combustible material (for example, decks, gazebos and similar construction) may not be located in the 5-foot setback.

5. On a corner lot, a freestanding accessory structure shall be located at least 10 feet from the side property line adjoining the street, except that garages and carports with access from the street adjoining the side yard shall be located at least 20 feet from this side property line.

6. On a lot where the rear yard faces a public street, a freestanding accessory structure shall not be located in the rear yard setback required for the main structure.

7. The maximum height of an attached accessory structure shall be as specified for the main structure, and for a freestanding accessory structure the maximum height shall be 15 feet, except that within 10 feet of a property line, no part of the structure shall exceed 8 feet.

8. In the RS-L district, freestanding accessory structures shall cover not more than 30 percent of the required rear yard, unless there remains a portion of the rear yard or a side yard which has an area of not less than 20 percent of the site, and that the least dimension of such yard shall be at least 15 feet.

9. Special Situations: The Community Development Director in consultation with the Director of Public Works and the Chief of the Rodeo-Hercules Fire Protection District (or their designated representatives) shall have the authority to approve exceptions to these regulations in the following cases. In reviewing these situations, the Community Development Director may impose any conditions needed to fulfill the intent of this subsection. Any determination may be appealed to the Planning Commission.

A. For a structure built out of noncombustible materials, including a spa (but not including a gazebo or any other wood structure), the 5-foot setback may be reduced; provided, that the Community Development Director finds that the proposed structures will not significantly increase the fire hazard.

10. Detached and attached accessory structures under 120 square feet total for the property that meet all requirements of this Section are exempt from use permit requirements. However, accessory structures with permanent foundations shall require design review through the Community Development Director. Accessory structures that are freestanding without permanent foundations such as prefabricated storage sheds do not require a use permit or design review as long as all criteria of this Section are met.

11. Before approving the proposed design plans for an accessory structure with a reduced setback (as allowed by this Section), pursuant to Chapter 13-42, Design Review, the Community Development Director shall notify the owners of parcels within 150 feet, and on the same side of the street as, the site of the proposed accessory structure that construction of an accessory structure has been proposed. If any written protest to the proposed structure is received within 15 calendar days of the mailing of such notice, the Director shall take no action regarding the structure and shall refer the matter to the Planning Commission for a public design review hearing and action. [Ord. 515 § 2, 2018; ZO § 35.210.]

Adult-oriented entertainment businesses, because of their nature, are recognized as having objectionable operational characteristics and objectionable appearance, particularly when several of them are concentrated under certain circumstances, thereby having a deleterious effect upon the adjacent areas. Regulation of the location and appearance of these businesses is necessary to insure that their adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods. The primary purpose of this Section is to prevent the concentration or clustering of these businesses in any one area and to provide for their satisfactory aesthetic appearance.

1. Definitions: Unless otherwise specifically provided, or required by the context, the following terms have the meanings set forth for the purposes of this Section.

A. “Adult-oriented entertainment businesses” are defined as any businesses operated at a fixed location by whatever name, which appeal to prurient interest, sexual titillations, sexual appetites, sexual fantasies, or sexual curiosities. Such adult-oriented businesses shall include, but not be limited to, those businesses:

1) Which predominantly exhibit, offer for sale, or engage in the sale or distribution of publications, personal services, films, devices, products, or materials, which appeal to a prurient interest or sexual appetite of the purchaser or user;

2) Which engage in the showing of motion pictures in which sexual activity including, but not limited to, intercourse, sodomy, oral copulation, masturbation, bestiality, or any other form of sexual gratification, is the primary and recurring theme;

3)  Which engage in the presentation of live adult entertainment in which the actors or performers simulate or engage in sexual activity, including, but not limited to, intercourse, sodomy, oral copulation, masturbation, bestiality, or suggestive body movements connoting such acts, with or without another actor, patron or spectator, such showing appealing to a prurient interest or sexual appetite of the spectator;

4) Which provide dating or escort services;

5) Which specialize in providing models who pose for photographing, drawing, or other representative renditions, which modeling appeals to a prurient interest or sexual appetite;

6) Which engage in encounter, rap, or counseling services which appeal to a prurient interest or sexual appetite;

7) Which engage in providing nude, bottomless or topless dance partners;

8) Which use nude, bottomless or topless entertainers, or use nude, bottomless or topless employees to attend to or service tables bars, or patrons, or which allow nude, bottomless or topless entertainers or employees to be seen by members of the public or patrons of the business;

9) Which engage in providing sauna baths, waterbaths, showers, steam rooms or steam baths, or any other body cleansing or toning arrangement wherein an attendant, clothed or nude, accompanies the customer for the purpose of talking, touching or appealing to the customer’s prurient interest or sexual appetite;

10) Which engage in the reading of, or providing of tapes or records for listening to, erotic literature that appeals to the prurient interest or sexual fantasies of customers.

11) In addition, massage parlors and masseurs are regulated by Title 4, Chapter 9 of the Municipal Code.

B. The “establishment” of an adult entertainment business means and includes any of the following:

1) The opening or commencement of any such business as a new business;

2) The conversion of an existing business whether or not an adult-oriented entertainment business to any of the adult-oriented entertainment businesses defined in this Division;

3) The addition of any of the adult-oriented entertainment businesses defined in this Division to any other existing adult-oriented entertainment business; or

4) The relocation of any such business.

2. Adult-oriented entertainment businesses may be allowed only in the CG general commercial district of the City of Hercules subject to approval of a conditional use permit.

3. No adult-oriented entertainment business shall be established at any location which is:

A. Within 300 feet of the boundary of a residential zoning district or mixed-use residential zoning district.

B. Within a radius of 1,000 feet of any other adult-oriented entertainment business.

C. Within a radius of 1,000 feet of any public park, public school, public library, religious institution or any other public building.

4. The distance between any 2 adult-oriented entertainment businesses shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each business. The distance between any adult-oriented entertainment business and any religious institution, public school, public park, public building or any area zoned for residential use shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of the adult entertainment business to the closest property line of the religious institution, school, public park. public building or area zoned for residential use.

5. All buildings, structures, signs, displays, marquees, exterior surfaces, facades, or housing containing, identifying or advertising adult-oriented entertainment businesses shall be subject to the provisions of design review, Chapter 13-42.

6. Hours of Operation. No adult-oriented entertainment business shall be kept open for business between the hours of 10:00 p.m. of 1 day and 7:00 a.m. of the following day. [Ord. 515 § 2, 2018; ZO § 35.220.]

Animal raising and keeping is regulated through the Contra Costa County Animal Control Ordinance No. 80-97, as amended, which has been adopted by reference. [Ord. 515 § 2, 2018; ZO § 35.230.]

Regulations concerning the installation of antennas to receive satellite-delivered signals, “receive-only” antennas, are reasonably necessary to preserve and protect the natural beauty and visual character of the City of Hercules while insuring that satellite antennas and other types of dish antennas are compatible to surrounding sites and structures and are placed with due regard to the aesthetic qualities of the natural terrain; the landscaping and the exterior appearance of the structures and other improvements.

1. The term satellite “receive-only” antenna means any antenna used for or designed for receiving electronic signals transmitted from orbiting earth satellites.

2. Satellite Installation. Satellite receive-only antennas installed in any zoning district shall comply with the following general criteria:

A. A setback equal to the height of the satellite receive-only antenna or the setback which applied to the principal structure whichever is greater, shall be maintained between any property line and any part of the antenna. In addition, installation shall be prohibited between any street and principal building on the site, except as provided in subsection (1)(B) of this Section.

B. In any case where a lot backs up to a public right-of-way or private street, a setback of 15 feet shall be maintained between the rear property line and any portion of the antenna.

C. Maximum height of the satellite receive-only antenna shall be 15 feet measured from ground level immediately under the antenna to the highest point of the antenna or any appurtenance attached thereto.

D. All wires and/or cables necessary for the operation of the satellite receive only antenna or reception of the signal shall be placed underground excepting those wires or cables attached flush with the surface of the building.

E. Satellite receive-only antennas installed with the use of guy wires shall be prohibited.

F. Highly reflective surfaces or colors shall not be used on any such antenna.

G. Additional attention and evaluation may be needed to assure that satellite receive-only antennas proposed for property located in hillside areas are installed in locations which are the least visible from areas off site.

H. No more than 1 antenna shall be instated on any parcel.

I. Installation of satellite receive-only antennas shall be prohibited on the roof of any structure, except that a satellite antenna not to exceed 8 feet in diameter may be installed where the applicant has applied for and received a conditional use permit. In addition to the findings set forth in Section 13-49.300, the Planning Commission shall find that there is no reasonably feasible alternative to placement of the satellite receive-only antenna on the roof of the structure.

J. Prior to application for a conditional use permit, the applicant shall provide technical data or studies as may be required by the Community Development Director to establish that installation of a satellite dish on the ground would substantially prevent reception of electronic signals transmitted from orbiting earth satellites, and that there are no reasonably feasible corrective measures available to the applicant which would enable the reception of satellite signals by an antenna placed on the ground.

K. No building permit shall be issued to erect a satellite receive-only antenna on any parcel of land unless the size, color, placement, positioning and screening of the antenna shall have been first approved through design review by the Planning Commission. The purpose of design review shall be to minimize the visual impact of the antenna on the neighborhood in which it is located. This may be accomplished by screening an antenna from sight, by blending the antenna with its background, or by other appropriate means which do not unreasonably impair the function of the antenna.

L. Landscaping or solid screening shall be installed around the base of any ground-mounted satellite receive-only antenna, as directed by the Planning Commission. Landscaping shall be required to screen any structural aspects, except when the antenna is located in such a manner that it is not visible from public streets, public areas of the development or adjacent properties.

M. The Planning Commission may delegate responsibility for review and approval of installation of a satellite receive-only antenna to the Community Development Director. If the Planning Commission delegates responsibility for review and approval to the Community Development Director, any decision rendered by the Community Development Director may be appealed to the Planning Commission.

N. No satellite receive-only antenna shall be erected in any parcel of land until a building permit for such antenna has been secured from the Building Department. [Ord. 515 § 2, 2018; ZO § 35.240.]

Bed and breakfast inns are allowed within residential districts and the HTC historic town center district and WC waterfront commercial subject to approval of a conditional use permit.

1. A bed and breakfast inn within a residentially zoned area shall be operated by the property owner living on the premises. A bed and breakfast inn within the WC or HTC districts shall be operated by a property owner or manager living on the premises.

2. No more than 3 guest rooms shall be rented for lodging within a residentially zoned district. No more than 6 guest rooms shall be rented for lodging within WC or HTC districts.

3. Bed and breakfast inns shall conform to all applicable development and performance standards and shall be compatible in design with adjacent buildings.

4. All alterations or additions to buildings intended for or in use as bed and breakfast inns shall receive design review approval as per Chapter 13-42. [Ord. 515 § 2, 2018; ZO § 35.250.]

An emergency shelter located within a zoning district in which it is allowed shall comply with all development and performance standards of that zoning district, as well as the following performance and design standards:

1. Emergency shelters are limited to a maximum of 30 beds/persons facility. The California Building Code defines minimum sizes based on included private amenities.

2. Occupancy by an individual or family may not exceed 180 days in any 365-day period unless the management plan provides for longer residency by those enrolled and regularly participating in a training or rehabilitation program.

3. A waiting area shall be provided which contains a minimum of 10 square feet per bed provided at the facility. The waiting area shall be in a location not adjacent to the public right-of-way, shall be visually screened from public view, and if located outside, shall provide consideration for shade/rain conditions.

4. On-site management and on-site security shall be provided during all hours during which the emergency shelter is in operation.

5. The emergency shelter shall provide on-site parking at a rate of 1 space per 1,000 square feet of gross floor area or 1 space per employee; provided, that the standard does not require more parking for emergency shelters than other residential or commercial uses within the same zone.

6. The facility may provide the following services in designated areas separate from sleeping areas:

A. A counseling center for job placement, education, health care, legal, or mental health services.

B. Laundry facilities to serve the clients at the shelter.

C. Central cooking and dining area(s).

D. Client storage area (for the overnight storage of bicycles and personal items).

E. Play/recreational areas for family shelters.

7. An emergency shelter shall not be located within 300 feet of another emergency shelter, as measured from property line to property line. [Ord. 549 § 3, 2024; Ord. 515 § 2, 2018; Ord. 484 § 9, 2015; ZO § 35.258.]

A low-barrier navigation center located within a zoning district in which it is allowed shall operate in a manner that is consistent with the requirements and allowances of State law, specifically Article 12 of Chapter 3 of Division 1 of Planning and Zoning Law commencing with California Government Code Section 65660.

1. Permit Required. A planning permit is required prior to establishment of any low-barrier navigation center project. The permit shall be a ministerial action without discretionary review or a hearing. The City shall notify a developer whether the developer’s application is complete within 30 days, pursuant to California Government Code Section 65943. Action shall be taken within 60 days of a complete application being filed.

2. Development and Operational Standards. A low-barrier navigation center development is a use by-right in areas zoned for mixed-use and nonresidential zones permitting multifamily uses, if it meets the following requirements:

A. Connected Services. It offers services to connect people to permanent housing through a services plan that identifies services staffing.

B. Coordinated Entry System. It is linked to a coordinated entry system, so that staff in the interim facility or staff who co-locate in the facility may conduct assessments and provide services to connect people to permanent housing. “Coordinated entry system” means a centralized or coordinated assessment system developed pursuant to 24 CFR Section 576.400(d) or 578.7(a)(8), as applicable, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.

C. Code Compliant. It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.

D. Homeless Management Information System. It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System, as defined by 24 CFR Section 578.3. [Ord. 549 § 3, 2024; Ord. 515 § 2, 2018; ZO § 35.260.]

Home occupations standards are intended to establish regulations for all occupations to be conducted within a dwelling unit. All home occupations shall require an administrative use permit to be issued by the Community Development Director or designee. The following specific rules and regulations shall apply in combination with the zoning district regulations established in Division II:

1. The home occupation shall be compatible with and secondary to the use of the premises as a residential dwelling unit. The area devoted to a home occupation shall occupy no more than 1 room or the equivalent of 20 percent of the gross floor area of the dwelling unit, whichever is greater;

2. Home occupations conducted within a garage shall not eliminate or change the use of required off-street parking spaces;

3. Employment shall be restricted to the dwelling unit residents except where the Community Development Director allows 1 nonresident employee, provided the following findings can be made:

A. The employee works under the direction of the dwelling resident and is not an independent or separate business enterprise;

B. The employee is necessary to the performance of the home occupation;

C. The employee would not require the use of the required parking for the residence or create on-street parking problems in the neighborhood;

D. The average residential neighbor would not be aware of the existence of the home occupation, under normal circumstances;

4. No exterior operation of any home occupation is permitted;

5. The home occupation shall not generate pedestrian or vehicular traffic beyond that which is normal to the surrounding area, and shall not involve the use of vehicles with 6 or more wheels for service, pickup or delivery;

6. Articles offered for sale in a home occupation shall be limited to those produced on the premises, except where the person conducting the home occupation serves as an agent or intermediary between off-site suppliers and off-site customers, in which case all articles, except for samples, shall be received, stored and sold directly to customers, at off-premises locations;

7. No outside display or window shall display material or products; no outside sign or window sign shall advertise or otherwise identify the home occupation except for 1 nonmoving and nonilluminated sign attached to the residence with a display surface of not more than 1 square foot on any face. No commercial or passenger vehicle carrying any sign advertising or identifying the home occupation shall be regularly parked on any portion of the lot where such sign is visible or at or near any lot line of the lot containing the home occupation;

8. No home occupation shall be permitted which involves:

A. The assembly of employees, workers, subcontractors or equipment for off-site work.

B. The storage of equipment, vehicles, or supplies outside of the dwelling or any accessory structure.

C. The care, treatment, or boarding of animals for profit.

D. The operation of any service or sales of goods that noticeably increases vehicle traffic in the neighborhood.

E. The teaching of organized classes totaling 4 or more persons at any one time.

F. The repair, service, or rehabilitation of more than 1 vehicle at a time including storage and parking on the lot or street as consistent with requirements on vehicle repair as Sections 4-10.04(t) and (v) of the Municipal Code.

G. The storage of toxic or hazardous materials.

9. No home occupation shall create noise, odor, electrical disturbances, dust, vibrations, fumes, or smoke readily discernible at the exterior boundaries of the parcel on which it is situated.

10. No raw materials, intermediate or finished materials, by-products, appliances or tools of the home occupation shall be stored outdoors.

11. The home occupation shall dispose of all waste materials or by-products on a regular, timely basis in conformance with applicable garbage collection, fire protection and public health regulations.

12. The home occupation shall not use more than 1 motor vehicle which shall not exceed three-quarter-ton in size, shall be owned and operated by the resident of the dwelling, and shall be parked in an adequate off-street parking area. [Ord. 515 § 2, 2018; ZO § 35.270.]

Mini-storage facilities that are allowed in specific zoning districts are subject to conditional use permit and design review approval. The following standards apply to mini-storage facilities.

1. The minimum site area shall be 40,000 square feet.

2. All structures shall be set back 25 feet from the street or highway right-of-way.

3. The site shall be completely enclosed with a solid masonry wall 6 feet high with a gated entrance. The gate shall be maintained in working order and shall be closed when not in use. The wall shall meet all applicable setback requirements for walls including Section 13-30.600. The area between the wall and public streets and sidewalks shall be planted with permanently maintained landscaping as per Section 13-30.700. The design of the wall and gate shall be compatible with surrounding structures and walls.

4. The area of the site within the walls shall be entirely paved with adequate drainage improvements to minimize ponding, increased flows onto neighboring properties, and other drainage impacts.

5. Adequate parking and circulation shall be provided within the site. Aisles between buildings shall be a minimum of 25 feet wide. A minimum of 2 visitor spaces plus 1 parking space per employee shall be provided in the vicinity of the facility office. In addition, 1 space per 10 storage units shall be provided or informal parking areas may be provided adjacent to the storage units as long as adequate circulation is maintained.

6. Onsite lighting shall be directed away from neighboring properties and public rights-of-way in a manner to minimize external visibility and glare.

7. All storage within the facility shall be within fully enclosed structures. No toxic or hazardous materials shall be stored within the facility. The facility shall not be used to conduct business other than storage operations.

8. No storage facility shall be used for human or animal habitation. No storage facility shall be used to cultivate, grow or keep live plants.

9. Each storage facility shall provide a trash receptacle or dumpster within the site for the use of its renters. The trash receptacle shall be of adequate size and capacity to accommodate the trash that is generated.

10. Residential quarters for the manager or caretaker may be located within the mini-storage project site. [Ord. 515 § 2, 2018; ZO § 35.280.]

Outdoor sales of services and merchandise may be allowed in commercial districts and commercial mixed-use districts subject to approval of an administrative or conditional use permit. Permanent or ongoing outdoor sales uses require a conditional use permit. Temporary outdoor sales uses may be approved with an administrative use permit. See Sections 13-49.200 and 13-60.200 for definition and description of temporary uses.

1. Outdoor sales hours of operation shall be limited by the use permit conditions.

2. Permanent outdoor sales shall be permitted on private property only. Temporary outdoor sales may be allowed on public or private property subject to use permit approval. All outdoor sales facilities shall visibly display a valid business license and use permit at the sales site.

3. Outdoor sales vendors shall not operate:

A. At any location which obstructs access to any building or facility used by the public including doors and emergency exits such that space for pedestrian passage is restricted to less than 4 feet.

B. Within 10 feet of any handicap access ramp or parking space, pedestrian crosswalk or fire hydrant.

C. Within a parking lot space, access aisle or parking lot landscaping.

D. Within a public right-of-way or sidewalk unless it is for a special event approved by the City, or it is on a sidewalk using portable facilities and leaving adequate width of a minimum of 4 feet for the passage of pedestrians.

E. At a location or in a manner that adversely impacts traffic and pedestrian safety.

4. Outdoor sales vendors shall maintain their facilities and sales location in a clean and hazard free condition, failure to do so shall be cause for revocation of the use permit. A garbage container shall be provided within the location for use by customers. This container shall be emptied periodically as needed to maintain adequate capacity for use without flowing over.

5. No amplified music, speech or sounds shall be used within the sales location to promote the outdoor sales operation.

6. No outdoor sales vendor shall be allowed to sell food or beverages at a location for more than 15 minutes unless a written agreement allowing the vendor and its customers the right to use sanitary facilities within 100 feet of the location is submitted to the Community Development Director prior to use permit approval. The agreement shall remain in force during all periods of operation. Failure to provide adequate sanitary facilities at all times shall be cause for revocation of the use permit.

7. No advertising signs are allowed outside the permitted location of the outdoor sales use. [Ord. 515 § 2, 2018; ZO § 35.290.]

The operation of mobile recycling units and reverse vending machines may be permitted as a conditional use on private property located in a commercial district if the facilities are certified as a recycling location pursuant to the California Beverage Container Recycling and Litter Reduction Act (“Act”), Public Resources Code Section 14500. These uses are subject to a use permit with conditions that are not inconsistent with Public Resources Code Sections 14570 and 14571.

1. Definitions.

A. “Convenience zone” means as defined in Public Resources Code Section 14509.4.

B. “Mobile recycling unit” means as defined in Government Code Section 66787.6.

C. “Recycling center” means as defined in Public Resources Code Section 14520.

D. “Reverse vending machine” means as defined in Government Code Section 66787.6.

2. The operator of the mobile recycling unit, reverse vending machine, or recycling center shall submit written certification from the property owner granting permission to operate on that property prior to approval of a conditional use permit.

3. The City may deny a conditional use permit upon specific findings made that the operation will have a detrimental effect on public health, safety or general welfare. Where application is made for installation of a reverse vending machine as an accessory use to an existing business an administrative use permit shall be required.

4. All applications are subject to design review, Chapter 13-42. Signs required by the Act shall not be included in sign limitations and computations established for commercial districts as set forth in Chapter 13-34. [Ord. 515 § 2, 2018; ZO § 35.310.]

1. Purpose. This Section is intended to implement the General Plan policies which encourage accessory dwelling units (ADUs) on residential parcels, and is also intended to address the State’s ADU provisions as set forth in Government Code Sections 66310 through 66342, as may be amended. ADUs are commonly referred to as second units, in-law-units, and accessory-apartments, and contribute needed housing to the City’s housing stock. ADUs do not exceed the allowable density for the lot and are consistent with General Plan and zoning designations.

2. Building Permit Required. The Community Development Director shall ministerially approve building permits for ADUs in compliance with this Section. No public hearing or any additional permit shall be required of applicants seeking approval of an ADU pursuant to this Section. The Community Development Director shall act on the application to create an ADU within 60 days from the date an application is complete if there is an existing single-family or multifamily dwelling on the lot. If the application involves an ADU where there is also an application for a new single-family dwelling on the lot, then the Community Development Director may delay action on the ADU application to coincide with the single-family dwelling application as long as the Director applies the ministerial review required by this Section. Applicants may request a delay or waive the 60-day approval period. Applications for ADUs not meeting the requirements of this Section are subject to the administrative use permit requirements set forth in Chapter 13-50.

3. Definitions.

“Accessory dwelling unit (ADU)” shall consist of complete independent living facilities for 1 or more persons including permanent provisions for sleeping, living, eating, cooking, and sanitation. An ADU shall have exterior entrance separate from the primary dwelling. An efficiency unit as defined in Health and Safety Code Section 17958.1 and a manufactured home as defined in Health and Safety Code Section 18007 are considered ADUs.

“ADU within existing space” or “JADU within existing space” means an ADU or JADU within the living area of an existing primary dwelling, within an attached or detached garage, or within other permitted accessory structure. An ADU within existing space may include an expansion of up to 150 square feet beyond the physical dimensions of the existing structure to accommodate ingress and egress.

“Attached ADU” means an ADU that is attached to an existing or proposed primary dwelling or accessory structure.

“Detached ADU” means an ADU that is not attached to an existing or proposed primary dwelling or accessory structure.

“Junior accessory dwelling unit (JADU)” means an ADU that is no more than 500 square feet in size and contained entirely within the walls of an existing or proposed single-family residence and which may or may not share sanitation facilities with the existing structure.

“Living area” includes the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

4. Lot Requirements. ADUs are allowed in single-family and multifamily residential zoning districts where there is exactly 1 single-family residence or at least 1 multifamily building on the parcel or proposed for the parcel. Except as specified in subsection (10) of this Section, a maximum of 1 ADU is allowed on a single-family lot. The City will not approve a building permit for an ADU unless and until the City receives the following:

A. Deed Restriction. 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; and

B. Fees.

1) ADUs containing 750 or more square feet are subject to any fees for residential units required by the City’s Master Fee Schedule as it exists at the time the ADU application is filed. Fees shall be charged in proportion to the square footage of the primary dwelling (e.g., a 1,000-square-foot ADU would be charged 50 percent of the applicable fee if the primary dwelling is 2,000 square feet). ADUs on lots with a single-family residence are subject to single-family unit fees, while ADUs on lots with a multifamily residence are subject to multifamily unit fees. All fees are subject to the requirements of Government Code Section 66324 and the Mitigation Fee Act.

2) ADUs within existing space and ADUs containing less than 750 square feet are not subject to fees under this subsection (4)(B).

3) Notwithstanding the requirements of this subsection (4)(B), unless an ADU is constructed with a new single-family dwelling, it is not considered a “new” residential use for the purpose of calculating any connection fees, sewer facilities fees, or capacity charges. ADUs not constructed with a new single-family home are only subject to connection fees, sewer facilities fees, and capacity charges to the extent that such fees and charges apply to existing uses.

5. Development Standards.

A. ADUs Within Existing Space. An ADU within existing space and a JADU within existing space are permitted as long as the side and rear setbacks are sufficient for fire and safety. No other development standards in this Section apply to ADUs and JADUs within existing space, except that:

1) Only 1 ADU within existing space and 1 JADU within existing space are allowed per lot unless a building permit or permits are obtained for multiple ADUs under subsection (10)(A) of this Section;

2) Garage spaces converted to ADUs shall replace garage doors with walls, windows, and/or doors rated by building code for habitable spaces.

B. Attached ADUs. Attached ADUs shall comply with the following requirements:

1) If the attached ADU contains 1 bedroom, it shall not exceed 850 square feet. If the attached ADU contains more than 1 bedroom, it shall not exceed 1,000 square feet.

2) All other development standards required by this subsection (5).

C. Detached ADUs. Detached ADUs shall comply with the following requirements:

1) If the detached ADU contains 1 bedroom, it shall not exceed 850 square feet. If the detached ADU contains more than 1 bedroom, it shall not exceed 1,000 square feet.

2) Detached ADUs shall have individual addresses separate from the primary residence. Addresses shall be displayed on the ADU building so that it is clearly visible and legible from the street or adjacent alley. If the ADU is located on the property such that it cannot be seen from a street or alley, the property shall post a sign or display some other type of marker in the front yard with the ADU address on it, subject to Fire District approval.

3) All other development standards required by this subsection (5).

D. Setbacks. No setbacks shall be required for ADUs within existing space as long as side and rear setbacks are sufficient for fire safety. A setback of 4 feet from side and rear lot lines is required for all other ADUs. No ADU shall be built over utility easements or recorded setbacks. No passageway between an ADU and an existing dwelling shall be required. All ADUs are subject to the same front and corner setbacks as the primary residence, except that front setbacks may not preclude statewide exemption ADUs (see subsection (10) of this Section).

E. Height. An ADU shall conform to the applicable height limits of the zoning district in which it is located, except that:

1) No new detached ADU shall exceed 16 feet, or 18 feet if the accessory dwelling unit is within 0.5 mile walking distance of either a high-quality transit corridor as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop as defined in Section 21064.3 of the Public Resources Code, or if the accessory dwelling unit is detached and on a lot that has an existing or proposed multifamily, multistory dwelling. ADUs shall be allowed 2 feet of additional roof height if necessary to align with the roof pitch of the existing primary dwelling.

2) Second-story ADUs are allowed on top of existing, legally approved detached structures, provided height does not exceed that of the existing primary residence.

F. Building Code Requirements. Except as otherwise provided in this Section, all building code requirements that apply to detached dwellings apply to detached ADUs. Notwithstanding any requirements of this subsection (5)(F), a new or separate utility connection directly between the ADU and the utility is not required for either detached ADUs or attached ADUs unless a new or separate connection is necessary to serve the ADU due to:

1) The topography of the property;

2) Existing impediments such as trees, structures, or easements;

3) The location of the ADU on the property; or

4) Inadequate existing connections.

6. Design Standards. An ADU must conform to the design characteristics of the existing residence or residences. A determination of conformity shall be made if the ADU utilizes all of the following features of the existing residence or residences: architectural features, building materials, and paint color. When an existing garage is converted to an ADU, windows and/or door features may be required for consistency with fire and building codes and in consultation with the Fire Marshal. ADUs constructed on any property that is designated in the California Register of Historic Resources as a historic contributing or landmark structure shall adhere to the Hercules Design Guidelines for Historic Preservation.

7. Fire Sprinklers. If the primary residence, whether existing or proposed, is required to contain fire sprinklers, then sprinkler installation is also required for the ADU.

8. Parking. In addition to the off-street parking spaces required for the existing residence, each ADU with 1 or more bedrooms must provide at least 1 off-street parking space; for ADUs without separate bedrooms (i.e., studios), additional off-street parking is not required. ADU parking spaces may be provided as tandem parking, including on an existing driveway or in paved setback areas, excluding the nondriveway front yard setback. Parking requirements shall be waived if the ADU is located: (A) within 0.5 mile walking distance of a public transit stop; (B) in a designated historic district; (C) in part of an existing primary residence or an existing accessory structure pursuant to subsection (5)(A) of this Section; (D) in an area requiring on-street parking permits not offered to the ADU occupant; or (E) within 1 block of a car-sharing pickup/drop-off location.

9. Replacement Parking. When a garage, carport, covered parking structure, or uncovered parking space is demolished or converted in conjunction with the construction of an ADU (excluding JADUs), replacement parking shall not be required.

10. Statewide Exemption ADUs.

A. Notwithstanding the requirements of this Section, only building permits shall be required for ADUs and JADUs in the following circumstances:

1) One ADU within existing space of an existing or proposed single-family dwelling if the ADU has exterior access separate from the primary dwelling and sufficient side and rear setbacks for fire and safety.

2) One JADU within existing space of an existing or proposed single-family dwelling that has exterior access separate from the single-family dwelling, sufficient side and rear setbacks for fire and safety, and meets all requirements of subsection (11) of this Section.

3) One detached, new construction ADU on a lot with an existing or proposed single-family dwelling that does not exceed 4-foot side and rear setbacks, that has a total floor area of no more than 800 square feet, and that complies with the height limits set forth in subsection (5)(E)(1) of this Section. An ADU approved pursuant to this subsection may be combined with a JADU described in subsection (10)(A)(2) of this Section.

4) Multiple ADUs within the portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with State building standards for dwellings. At least 1 ADU and up to 25 percent of the number of existing multifamily dwellings shall be allowed within an existing multifamily dwelling. On a lot with an existing multifamily dwelling, not more than 8 detached accessory dwelling units or up to the number of existing units on the lot, whichever is less.

B. No applicant for a building permit sought under this subsection (10) shall be required to do, perform, or construct any of the following:

1) Correct nonconforming zoning conditions; or

2) Install fire sprinklers, unless they are required for the primary residence; or

3) Install new or separate utility connection or pay any connection fee, sewer facilities fee, or capacity charge, unless the ADU is constructed with a new single-family home.

C. ADUs constructed pursuant to this Section cannot be rented for a term less than 30 days.

D. An applicant for a building permit under this Section may be required to provide proof of a percolation test within the last 5 years (or 10 years if the percolation test has been recertified).

11. Junior Accessory Dwelling Units (JADUs). One JADU may be built per residential lot zoned for single-family residences with an existing or proposed single-family residence. The owner of the existing or proposed single-family residence must reside in the JADU or the remaining portion of the single-family residence unless owner is a governmental agency, land trust, or housing organization.

A. Deed Restriction Required. The owner of the single-family lot upon which a JADU is constructed must record a deed restriction that: complies with Government Code Section 27281.5, runs with the land, states that the JADU cannot be separately sold from the single-family residence, states that the deed restriction can be enforced against future purchasers, and states that the size and attributes of the JADU must conform to the requirements of this Section and State law.

B. JADU Development Standards. The following development standards apply to JADUs:

1) Efficiency Kitchen. A JADU must have at least an efficiency kitchen, which includes a cooking facility with appliances, and a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU.

2) Parking. JADUs are not subject to the parking requirements of subsection (8) of this Section but may provide 1 or more parking spaces at the option of the owner.

3) Utilities. For purposes of providing service for water, sewer, or power, including any connection fee, a JADU shall not be considered a separate or new dwelling unit. No separate or new utility connections are required for JADUs. [Ord. 554 § 2, 2025; Ord. 543 § 3, 2023; Ord. 531 § 2, 2021.]

Service stations may be permitted as a conditional use, subject to securing a use permit in each case, in any commercial district, subject to the following conditions:

1. All operations except the sale of gasoline and washing of automobiles shall be conducted in a building enclosed on at least 3 sides.

2. No gasoline pump island shall be located closer than 30 feet to any property line.

3. There shall be no rental of trailers, hand tools, garden tools, power tools and other similar equipment as an incidental part of the service station operation.

4. No major automobile repairs such as engine overhaul, transmission and differential repair, body and fender work and other repairs of a similar nature shall be performed. [Ord. 515 § 2, 2018; ZO § 35.330.]

A single-room occupancy (SRO) building located within a zoning district in which it is allowed shall comply with all development and performance standards of that zoning district, as well as the following performance and design standards:

1. No individual SRO unit shall exceed 300 square feet in size.

2. Units of 225 square feet or smaller in size may not be occupied by more than 1 person. No more than 2 persons shall occupy any unit which is greater than 250 square feet.

3. Full or partial kitchens and bathrooms shall be provided in every SRO project. Such facilities may be included within each unit or provided in a commonly accessible area. A complete kitchen facility available for residents shall be provided on each floor of the structure, if each individual unit is not provided with a minimum of a refrigerator and a microwave oven. If a full bathroom facility is not provided in each unit, common bathroom facilities shall be provided in accordance with the California Building Code for congregate residences with at least 1 full bathroom per floor.

4. Private, secured storage space of not less than 50 cubic feet per resident shall be provided. Storage space may be provided in private closet(s) accessible from individual SRO units; as individually locked areas accessible from a common room; and/or within a separate on-site storage structure. Where storage space is provided within a separate structure, such structure shall provide for separate, locking storage spaces for each SRO unit and shall be of sufficient construction to protect stored items from weather.

5. A minimum of 10 square feet for each unit or a total of 250 square feet, whichever is greater, shall be provided for a common area. All common area shall be within the structure. Dining rooms, meeting rooms, recreational rooms, or other similar areas approved by the Community Development Director, or their designee, may be considered common areas. Shared bathrooms, laundries, hallways, the main lobby, vending areas, and kitchens shall not be considered as common areas.

6. An on-site management office or manager’s unit shall be provided.

7. All SRO projects shall have 1 controlled entryway into a main lobby area. For SROs with more than 12 units, the lobby area shall include a front desk with facilities for a receptionist to monitor activity in the lobby.

8. An SRO operations/management plan shall be prepared and shall be subject to the review and approval of the Community Development Director, or their designee. The management plan shall include provisions for operational management, rental procedures and rates, maintenance plans, residency and guest rules and procedures, security procedures and staffing needs, including job descriptions. The management plan shall include a provision for an on-site manager for any SRO with 12 or more units. [Ord. 515 § 2, 2018; Ord. 484 § 10, 2015; ZO § 35.332.]

See Title 4, Chapter 11 of the Municipal Code. [Ord. 515 § 2, 2018; ZO § 35.340.]

This Chapter establishes exceptions to the Zoning Ordinance and provides permit procedures to allow two-unit developments within single-family residential zone districts allowed by Senate Bill No. 9 (2021), as codified in Government Code Sections 66452.6 and 66411.7. [Ord. 540 § 3, 2022.]

Unless otherwise specifically provided, or required by the context, the following terms have the meanings set forth for the purposes of this Chapter and Chapter 10-2.

“A person acting in concert with the owner” means a person that has a common ownership or control of the subject parcel with the owner of the adjacent parcel, a person acting on behalf of, acting for the predominant benefit of, acting on the instructions of, or actively cooperating with, the owner of the parcel being subdivided.

“Adjacent parcel” means any parcel of land that is (1) touching the parcel at any point; (2) separated from the parcel at any point only by a public right-of-way, private street or way, or public or private utility, service, or access easement; or (3) separated from another parcel only by other real property which is in common ownership or control of the applicant.

“Sufficient for separate conveyance” means that each attached or adjacent dwelling unit is constructed in a manner adequate to allow for the separate sale of each unit in a common interest development as defined in Civil Code Section 1351 (including a residential condominium, planned development, stock cooperative, or community apartment project) or into any other ownership type in which the dwelling units may be sold individually.

“Two-unit development” means a development that proposes no more than 2 units or proposes to add 1 new unit to 1 existing unit and that meets all the criteria and standards set forth in this Chapter.

“Urban lot split” means a ministerial application for a parcel map to subdivide an existing parcel located within a single-family residential zone into 2 parcels, as authorized by Section 66411.7 of the Government Code. [Ord. 540 § 3, 2022.]

A proposed housing development may only be created on parcels satisfying all of the following general requirements:

1. Zoning District. A parcel that is located within a single-family residential zone.

2. Historic Property. A parcel that is not listed on the City of Hercules historic resource inventory or located in a historic district.

3. Legal Parcel. A parcel which has been legally created in compliance with the Subdivision Map Act (Government Code Section 66410 et seq.) and Subdivision Ordinance, as applicable at the time the parcel was created. The Community Development Department may require a certificate of compliance to verify conformance with this requirement.

4. Hazardous Waste Site. A parcel that is not identified as a hazardous waste site pursuant to Government Code Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use.

5. Flood Zone. A parcel that is not located within a special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) on the official maps published by the Federal Emergency Management Agency unless a letter of map revision prepared by the Federal Emergency Management Agency has been issued or if the proposed primary dwelling unit(s) is constructed in compliance with the provisions of Chapter 10-7 (Flood Damage Prevention) as determined by the Floodplain Administrator.

6. Earthquake Fault Zone. A parcel that is not located within a delineated earthquake fault zone as determined by the State Geologist on any official maps published by the State Geologist, unless the proposed housing development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code).

7. Natural Habitat. A parcel that is not recognized by the City as a habitat for protected species identified as candidate, sensitive, or species of special status by State or Federal agencies, fully protected species, or species protected by the Federal Endangered Species Act of 1973 (16 U.S.C. Section 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code). [Ord. 540 § 3, 2022.]

The following objective zoning standards supersede any other standards to the contrary that may be provided in the Zoning Ordinance as they pertain to a proposed housing development under Government Code Section 65852.21. Proposed housing developments shall be constructed only in accordance with the following objective zoning standards:

1. Building Height/Number of Stories. The maximum building height and maximum number of stories shall be as specified by the applicable zoning district.

2. Lot Coverage. The maximum lot coverage shall be as specified by the applicable zoning district, except if this standard would have the effect of physically precluding the construction of 2 units or would result in a unit size of less than 800 square feet. Any modifications of development standards shall be the minimum modifications necessary to avoid physically precluding 2 units of 800 square feet on each parcel.

3. Minimum Living Area. The minimum living area of a primary dwelling unit shall be 150 square feet, subject to the restrictions specified by Health and Safety Code Section 17958.1.

4. Parking. One parking stall per primary dwelling unit shall be required, except for proposed housing developments located on parcels within 1/2 mile walking distance of either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code, or within 1 block of a car share vehicle operating in accordance with California Vehicle Code Section 22507.1. Parking stalls may either be uncovered or covered (garage or carport) in compliance with the development standards of the applicable zoning district and Chapter 13-32 (Off-Street Parking and Loading Facilities).

5. Repealed by Ord. 554.

6. Setbacks. Proposed housing developments shall be subject to the setback and building separation requirements specified by Table 13-6.1 (Land Use Regulations: Residential District), except no more than 4 feet is required for rear and interior side setbacks. No setback shall be required for an existing structure, or a structure constructed in the same location and to the same dimensions as an existing structure.

7. Paving. Proposed paving shall be as specified by Section 13-30.750 (Paving Within Residential Front, Rear, and Side Yard Areas.), except to allow a driveway with a width dimension not exceeding 10 feet. [Ord. 554 § 2, 2025; Ord. 540 § 3, 2022.]

Repealed by Ord. 554. [Ord. 540 § 3, 2022.]