Chapter 13-35. Specific Land Use Requirements

Sec. 13-35.100 Purpose and Applicability.

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.]

Sec. 13-35.200 Specific Use Standards.

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.]

Sec. 13-35.210 Accessory Structures and Uses.

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.]

Sec. 13-35.220 Adult Entertainment Businesses.

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.]

Sec. 13-35.230 Animal Raising and Keeping.

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.]

Sec. 13-35.240 Antennas and Satellite Dishes (“Receive Only”).

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.]

Sec. 13-35.250 Bed and Breakfast Inns.

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.]

Sec. 13-35.258 Emergency Shelters.

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. An emergency shelter operations/management plan shall be prepared and shall be subject to the review and approval of the Community Development Director, or their designee. Such plan shall include provisions for staff training, neighborhood outreach, adequate security measures to protect shelter residents and surrounding uses, screening of clients to ensure compatibility with proposed services provided, counseling (particularly for assisting in finding permanent housing and a source of income), training and treatment programs for clients, drug and alcohol dependency referrals, and an exit strategy.

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. 515 § 2, 2018; Ord. 484 § 9, 2015; ZO § 35.258.]

Sec. 13-35.260 Family Day Care Homes.

Family day care homes are permitted by use permit according to the size of the facility. A small family day care home with a maximum attendance of 6 or less children (with special allowances to allow up to 8 children) is considered a residential use of the property and shall be permitted by a nondiscretionary administrative use permit without imposition of any fees or taxes as per Section 1597.45 of the Health and Safety Code.

A large family day care home for 7 to 12 children (with special allowances to allow up to 14 children) requires an administrative use permit as consistent with Section 1597.46 of the Health and Safety Code. The permit shall expire 2 years after the date of issuance or if the day care operator’s State license expires or is revoked. The facility shall meet the following standards, the standards for family day care homes pursuant to Section 1596.70 et seq. of the Health and Safety Code, and other applicable State requirements.

1. All family day care homes shall comply with the property development and performance standards for the zoning district in which it is located and the Citywide standards set forth in Division III.

2. A large family day care home shall not be located within 300 feet of another large family day care home property line.

3. Outdoor play areas shall be provided in the rear or side yards for all large family day care homes and shall be enclosed by a solid hedge, wall or fence 6 feet high. All outdoor play areas shall be separated from driveways, streets and parking areas.

4. Large family day care homes shall provide adequate on-site parking as per Chapter 13-33.

5. Large family day care homes shall provide adequate areas for the safe pick-up and drop-off of children. These areas shall be off-street in a driveway, turnaround, or parking area.

6. A large family day care home within a residentially zoned area may operate up to 14 hours per day with outdoor activities limited to daylight hours between 8:00 a.m. and 8:00 p.m. in order to limit noise impacts to neighboring residents.

7. All family day care homes shall obtain necessary State licenses and shall be operated in conformance with all applicable state and local regulations. If there are any conflicts between local standards within the Zoning Ordinance and State requirements for day care facilities, the State requirements shall take precedence. [Ord. 515 § 2, 2018; ZO § 35.260.]

Sec. 13-35.270 Home Occupations.

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.]

Sec. 13-35.280 Mini-Storage Facilities.

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.]

Sec. 13-35.290 Outdoor Retail Sales.

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.]

Sec. 13-35.310 Recycling Centers: Mobile Recycling Units and Reverse Vending Machines.

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.]

Sec. 13-35.320 Accessory Dwelling Units.

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 Section 65852.1, et seq. 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 65852.2 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, or covered parking structure 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 does not exceed 16 feet in height. 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. No more than 2 detached ADUs are allowed on a lot with an existing multifamily dwelling, subject to a height limit of 16 feet and 4-foot side and rear yard setbacks.

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. 543 § 3, 2023; Ord. 531 § 2, 2021.]

Sec. 13-35.330 Service Stations.

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.]

Sec. 13-35.332 Single-Room Occupancy (SRO).

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.]

Sec. 13-35.340 Vehicle Repair in Residential Areas.

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