Hercules · Building on your lot

Lot splits under SB 9 in Hercules

Hercules's own rules on lot splits under sb 9, with the code text for every value, and the state law underneath.

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

What Hercules's code says

Hercules code What Hercules's code adds
How the lot may be divided	Neither new parcel may be smaller than 40% of the original lot area. Applies: Applies to urban lot splits. § 10-2.904 · code text one (1) parcel shall not be smaller than forty percent (40%) of the lot area of the original parcel proposed for subdivision.
Minimum new lot size	Each new parcel must be at least 1,200 square feet. § 10-2.904 · code text In no event shall a new parcel be less than one thousand two hundred (1,200) square feet in lot area.
Setbacks	No more than 4 feet may be required. Applies: Applies to rear and interior side setbacks. § 13-36.400 · code text except no more than 4 feet is required for rear and interior side setbacks. No setback is required. Applies: Applies to an existing structure, or one rebuilt in the same location and to the same dimensions. § 13-36.400 · code text 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.
Standards	Maximum height and number of stories follow the zoning district rules. § 13-36.400 · code text The maximum building height and maximum number of stories shall be as specified by the applicable zoning district. Lot coverage follows the zoning district, except where it would prevent 2 units of 800 square feet. § 13-36.400 · code text 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. At least 150 square feet of living area. Applies: Applies to a primary dwelling unit. § 13-36.400 · code text 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. At least 30 feet wide; a flag lot's access corridor does not count. Applies: Applies to each new parcel in an urban lot split. § 10-2.904 · code text Each new parcel shall maintain a minimum lot width of thirty (30) feet. The calculation of lot width for a flag lot shall exclude the access corridor. The access corridor must be 12 to 15 feet wide, owned with the parcel, and fully paved. Applies: Applies to an urban lot split that creates a flag lot. § 10-2.904 · code text The access corridor of a flag lot parcel shall be in fee as part of the parcel and shall be of a minimum width of twelve (12) feet and a maximum width of fifteen (15) feet and be entirely paved with either concrete or pavers, consistent with the Fire Code as determined by the Fire Chief. At least 30 feet of frontage on a public street; flag lots need at least 12 feet. Applies: Applies to each new parcel in an urban lot split. § 10-2.904 · code text Each new parcel shall have frontage upon a street dedicated as a public street with a minimum frontage dimension of thirty (30) feet, except for flag lots which shall have a minimum frontage dimension of twelve (12) feet. No more than 2 new parcels. § 10-2.904 · code text The parcel map to subdivide an existing parcel shall create no more than two (2) new parcels. No more than 2 existing dwelling units. Applies: Applies to each parcel created by an urban lot split. § 10-2.905 · code text No parcel created through an urban lot split shall be allowed to include more than two (2) existing dwelling units as defined by Government Code Section 66411.7(j)(2).
Owner occupancy	The owner records an affidavit to live on one new parcel as principal residence for at least 3 years. Applies: A community land trust or qualified nonprofit corporation is exempt. § 10-2.905 · code text The owner shall sign and record an affidavit provided by the Community Development Director placing a covenant that will run with the parcel attesting that the applicant intends to occupy one of the newly created parcels as their principal residence for a minimum of three (3) years from the date of the approval of the urban lot split.
Parking	1 parking stall per primary dwelling unit. § 13-36.400 · code text 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. No parking is required. Applies: Applies within 1/2 mile walk of a high-quality transit corridor or major transit stop, or within 1 block of a car-share vehicle. § 13-36.400 · code text 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.

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Frequently asked questions

Can I split my lot under SB 9 in Hercules?

Hercules's code: Neither new parcel may be smaller than 40% of the original lot area. (Applies to urban lot splits.) (§ 10-2.904); Each new parcel must be at least 1,200 square feet. (§ 10-2.904).

General information, not legal advice.

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