Local zoning · Hercules

Hercules — Design Review

Q: How long does design review approval last in Hercules?

A design review approval generally expires 1 year from the date of approval unless a building permit is issued and construction is commenced and diligently pursued; one renewal of up to 1 additional year may be requested. § 13‑42.700.

Q: Can an approved design review be changed later?

Minor modifications can be approved under Chapter 13‑46 if they meet the minor modification criteria (examples include modest architectural detailing changes or size/height increases not exceeding 5% and not altering the design theme). Larger changes are treated as a new application subject to full findings and hearings. § 13‑46.300–400; § 13‑42.800.

Design Review under the Hercules local zoning and planning code, with the controlling citations.

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Last reviewed: July 2, 2026

Overview

Design review in Hercules is administered under Chapter 13-42 of the Zoning Ordinance (Title 13). It requires prior approval of exterior changes, new buildings, fences and many site improvements and is implemented through a combination of Community Development Director (administrative) and Planning Commission (discretionary) review depending on project type and scale. Key procedural controls include application filing requirements, mandatory findings the Planning Commission must make to approve a plan, time limits on approvals, and a mechanism for minor modifications and revocation. See § 13-42.100 through § 13-42.900 for the controlling framework.

Note: this page links to related Hercules guidance where topics naturally appear: design review is discussed in the city's zoning materials via the Hercules Zoning page, and related technical topics (parking, development standards, overlays, historic review, landscaping, ADUs and the California Building Standards Code) are linked inline as noted the first time each is mentioned. (/us/california/hercules/zoning; /us/california/hercules/parking; /us/california/hercules/development-standards; /us/california/hercules/overlay-districts; /us/california/hercules/historic-preservation; /us/california/hercules/landscaping-and-screening; /us/california/hercules/adu; /us/california/building-codes)

Chapter highlights and how they operate in particular districts follow. For every substantive requirement below I cite the controlling local ordinance § and the local file preview I used as the primary source.

How the requirement applies citywide

All new and expanded development is subject to design review per Chapter 13-42. Many zoning district chapters explicitly state that their new and expanded development "shall be subject to Chapter 13-42, Design Review." See e.g., § 13-12.200, § 13-15.200, § 13-25.300.

District-by-district breakdown

Below are district-specific notes drawn from each district chapter: purpose, typical permitted uses (high level), key dimensional/property standards where available, and where design review fits in each district's plan-review process.

Note: where a numeric standard could not be located in the retrieved materials I mark that as Not found in retrieved materials and advise Verify with the jurisdiction.

HTC (Historic Town Center) — § 13-12.100 / § 13-12.200

Purpose: preserve historic design character, permit compatible reuse and limited new development in the Railroad Avenue/Main Street area.
Typical permitted uses: office, retail, compatible multifamily residential (see district table for exact uses).
Key dimensional guidance: new development typically 1–3 stories, FAR 0.15–0.40 (typical 0.20), up to 17 du/acre for residential; maximum units and further numeric detail are in the district chapter. Review thresholds: all new and expanded commercial, office and residential development is subject to design review; projects over 1 acre also trigger Chapter 13-48 (Planned Development).
Where design review applies: all new and expanded commercial and residential development must obtain design review under Chapter 13-42 before permits are issued.

NTC (New Town Center / Transit‑oriented) — § 13-18.100 / § 13-18.200

Purpose: transit-oriented mixed use, denser, pedestrian‑oriented core.
Typical uses: mixed residential, commercial, office, public/quasi-public uses intended to support a town center.
Key dimensional standards: the chapter emphasizes urban form and transit orientation; specific numeric standards and planned-development rules are set within the chapter and related Central Hercules Plan Regulating Code. Numeric setbacks/heights — Not found in retrieved materials (Verify with jurisdiction).
Design review: all new/expanded development must follow Chapter 13-42 and other planned development procedures where applicable.

PC‑R (Planned Commercial‑Residential mixed‑use) — § 13-15.100 / § 13-15.200

Purpose: integrate residential over commercial, encourage mixed-use "Main Street" or shopping-center-style developments.
Typical uses: mixed retail, office, residential; incentives for mixed-use density.
Key dimensional guidance: incentives permit adding 40 units/acre to allowed nonresidential development density; nonresidential FAR ranges indicated (example: 0.20 to 4.0 for some situations). Adequate parking and a balance of open space/landscaping are emphasized.
Design review: all new and expanded development within PC‑R is subject to Chapter 13-42; most new uses also require administrative or conditional use permits.

PC‑I (Planned Commercial‑Industrial mixed‑use) — § 13-14.100 / § 13-14.200

Purpose: allow commercial or light industrial uses visible from I‑80/SR‑4 while ensuring attractive site planning and architectural guidelines.
Typical uses: commercial, light industrial, R&D, and employment uses serving Hercules.
Key dimensional standards: district chapter sets property development regulations and states plan review requirements; numeric specifics — Not found in retrieved materials (Verify with jurisdiction).
Design review: all new and expanded development in PC‑I must comply with Chapter 13-42.

I‑R (Industrial‑Residential Mixed‑Use) — Table 13‑13.2 / § 13-13.500

Purpose: mixed industrial and residential uses with controlled density and design.
Representative numeric development standards (from Table 13‑13.2): FAR 0.50; density 25 du/ac; typical lot size 5,000 sf; front setback 10 ft; rear 20 ft; side 5 ft; building height 40 ft; maximum site coverage 50%; landscaping minimum 10%. (See Table 13‑13.2 for zoning table).
Design review: plan submissions for new/expanded development are subject to Chapter 13-42 and the district’s plan-review rules.

Important overlays (examples)

Scenic Road and Highway Overlay: the overlay augments base zoning requirements and explicitly requires that "All new and expanded development shall be subject to Chapter 13‑42, Design Review." It lists preferred and discouraged design elements for development within scenic corridors. § 13‑25.300–13‑25.400.
Historic H district: the Planning Commission acts as the Historical Architectural Review Board and reviews exterior work in the H district; homeowner association recommendations are incorporated; the code requires standards and guidelines be prepared to guide review (Historic Preservation Design Guidelines referenced). § 13‑20.400–13‑20.700.

Decision‑relevant standards and permitted‑use table

Topic / District	Key rule / typical standard	Code Reference
Projects that require design review	"Prior to issuance of any permit for erection, construction, or exterior alteration of any public or private building, fence, structure or sign" — design review required; exceptions: small SF-home additions and accessory structures may be approved by Director. See § 13‑42.200.	§ 13‑42.200
Who decides	Community Development Director (administrative) for certain single‑family additions/accessory structures; Planning Commission for most other projects; Director may forward any project to Commission. § 13‑42.400.	§ 13‑42.400
Required Planning Commission findings (5 items)	Compliance with ordinance/GP; public health/safety/welfare; site considerations (layout, parking, setbacks, height); architectural considerations (scale, materials, lighting, signs); landscape considerations (planting and 5‑year growth). § 13‑42.500.	§ 13‑42.500
Approval duration	Design review approval expires 1 year from approval unless a building permit is issued and construction diligently pursued; one 1‑year renewal possible. § 13‑42.700.	§ 13‑42.700
Minor modifications	Minor modifications permitted when they meet Chapter 13‑46 minor modification criteria (e.g., ≤ 5% size/height change, no substantial design-theme alteration). § 13‑46.300–400.	§ 13‑46.300–400
I‑R district dimensional snapshot	Typical: FAR 0.50; density 25 du/ac; front setback 10 ft; height 40 ft; site coverage 50%; landscaping 10%. (Table 13‑13.2)	Table 13‑13.2 / § 13‑13.500
HTC district typical FAR/density	FAR 0.15–0.40 (typical 0.20); residential density up to 17 du/acre. § 13‑12.100–200.	§ 13‑12.100–200

Application requirements and process (what the code actually says)

File application with the Community Development Director using the city’s form and fees process. § 13‑42.300.
Applicant submittal (site plan / "design review plan") must include: property lines, existing features onsite and within 50 ft, proposed buildings with dimensions, roads/walks, grading plan comparing finished/existing grades, off‑street parking (number and dimensions), pedestrian/vehicular access and driveway widths, setbacks, dedications and improvements, fence/wall locations and heights, and other supporting materials (photographs, elevations, materials). § 13‑42.300 (1. Site Plan items A–J).
Environmental Information Form and mitigation statement if required. § 13‑42.300.
Administrative review timeline: Director issues action within 10 working days after application deemed complete; actions take effect after the 14‑day appeal period. Planning Commission timelines: Director issues preliminary comments within 10 working days; Commission scheduled at next available meeting after complete submittal. § 13‑42.400.

Checklist

Submit completed design review application form and fees per Chapter 13‑40. § 13‑42.300.
Provide full design review plan: scaled site plan showing property lines, existing features within 50 ft, building footprints, parking layout and dimensions, access/circulation, grading, setbacks, fences/walls, and elevations/material samples. § 13‑42.300.
Landscape plan showing species, irrigation and maintenance plan, and 5‑year growth expectations. § 13‑42.500.
Exterior lighting and sign plans where applicable (signs are separately regulated; see the city's signage chapter). § 13‑42.300, Chapter 13‑34.
Environmental Information Form / CEQA documents if required. § 13‑42.300.
If in an overlay (e.g., Scenic Road), provide additional materials called for by that overlay (see § 13‑25.300).
Be prepared for either Director review (minor work) or Planning Commission hearing (major work); allow for 10 working days for Director comments and a scheduling window for Commission review. § 13‑42.400.

Risks & Ambiguities

Issue	Why it matters	What to verify
Director vs Planning Commission threshold	Because the path (administrative vs public hearing) affects schedule, cost, and appeal rights. The code allows Director approval for most single‑family additions/accessory structures but may refer larger or unique items to Commission. § 13‑42.200, § 13‑42.400.	Verify with the Community Development Director whether your project will be processed administratively or as a Commission item.
Overlay-specific additional standards	Overlays (scenic, school‑park, special study area, H district) add requirements or standards beyond base zoning; failure to follow overlay rules can cause denial. § 13‑25.300; § 13‑20.400.	Confirm whether the parcel is inside any overlay(s) and request the overlay checklist from staff.
Planned Development / PD plans supersede some numeric standards	Final planned development plans set property standards that may differ from base district tables (they "determine the standards" until amended). § 13‑48.200, § 13‑5.400.	If your site has an approved PD, obtain the PD documents because setbacks, FAR, and other numbers may be different.
Historic (H) district process	The Planning Commission serves as the Historical Architectural Review Board; HOA recommendations are required for H-district projects. Failure to include HOA input can delay review. § 13‑20.400–600.	If in an H district, obtain HOA review in writing and consult the Historic Preservation Design Guidelines.
Minor modification limits	A "minor modification" is allowed for limited changes (e.g., ≤ 5% size/height increase) — exceeding those limits triggers full resubmittal and findings. § 13‑46.300.	If proposing changes to an approved design-review plan, confirm whether the change qualifies as a minor modification.

Plain‑English summary

If you want to build, change the exterior of, or add fences/signs to a property in Hercules, you generally must get design review approval from the City before permits are issued. Small residential additions and accessory structures can often be handled administratively by the Community Development Director; larger or more visible projects go to the Planning Commission and must meet five findings about site, architectural and landscape design. Check for overlays (scenic, historic, planned development) because they add requirements, and expect design review approval to expire if you don’t start construction within 1 year. § 13‑42.200–700.

Source References

Hercules Municipal Code, Chapter 13‑42, Design Review: § 13‑42.100–900 (purpose; projects subject; applications; action/appeals; findings; duration; modification; enforcement).
Hercules Municipal Code, Chapter 13‑12, HTC Historic Town Center, including § 13‑12.100–200 (purposes; design review applicability).
Hercules Municipal Code, Chapter 13‑15, PC‑R Planned Commercial‑Residential, § 13‑15.100–200 (purposes; review of plans; design review required).
Hercules Municipal Code, Chapter 13‑14, PC‑I Planned Commercial‑Industrial, § 13‑14.100–200 (purposes; plan review and design review applicability).
Hercules Municipal Code, Table 13‑13.2 and Chapter 13‑13 / § 13‑13.500 (I‑R district property development regulations; FAR, setbacks, height, coverage).
Hercules Municipal Code, Chapter 13‑25, Scenic Road and Highway Overlay, § 13‑25.300–400 (overlay requires Chapter 13‑42 review and lists desirable/undesirable elements).
Hercules Municipal Code, Chapter 13‑20, Historic Preservation/H district: Historical Architectural Review Board duties and guidelines, § 13‑20.400–700 (HOA recommendation; preservation guidelines referenced).
Hercules Municipal Code, Chapter 13‑48 Planned Development Plan (final stage includes design review): § 13‑48.500–600.
Design guidance referenced in the H‑district: Historic Preservation Design Guidelines (City document). URL: https://www.ci.hercules.ca.us/home/showdocument?id=198

Sources

Retrieved passages

Hercules Zoning Code (§ 2) High relevance
Hercules Zoning Code (Chapter are) High relevance
Hercules Zoning Code (§ 2) High relevance
Hercules Zoning Code (Chapter 13-42) High relevance
Hercules Zoning Code (§ 2) High relevance
Hercules Zoning Code (§ 2) High relevance
Hercules Zoning Code (§ 2) High relevance
Hercules Zoning Code (§ 2) High relevance

Cited sections

Official Hercules code library

Frequently asked questions

Do I need design review in Hercules to build a fence or replace siding on my house?

Yes. The code requires design review approval "prior to the issuance of any permit for the erection, construction, or exterior alteration of any public or private building, fence, structure or sign." Small additions, accessory structures, or fences associated with single‑family homes may be approved administratively by the Community Development Director, but staff may refer significant items to the Planning Commission. § 13‑42.200; § 13‑42.400.

What findings must the Planning Commission make to approve a design review plan in Hercules?

The Planning Commission must make five findings: conformity with the Ordinance/General Plan; public health/safety/welfare; appropriate site layout (open space, access, parking, setbacks, height); satisfactory architectural elements (scale, materials, lighting, signs); and acceptable landscape design (plant selection, irrigation, 5‑year growth expectations). § 13‑42.500.

Who reviews small residential additions — the Director or the Planning Commission?

The Community Development Director may approve additions to single‑family homes, accessory structures of single‑family homes, or fences; however, the Director can forward any application to the Planning Commission if the Director determines the project raises significant design issues. § 13‑42.200; § 13‑42.400.

How long does design review approval last in Hercules?

A design review approval generally expires 1 year from the date of approval unless a building permit is issued and construction is commenced and diligently pursued; one renewal of up to 1 additional year may be requested. § 13‑42.700.

Are there special rules for historical properties?

Yes. The Planning Commission acts as the Historical Architectural Review Board for the H district; the HOA must submit a written recommendation as part of applications, and the city has Historic Preservation Design Guidelines to guide review. § 13‑20.400–600.

If my property is in a Scenic Road overlay, does that change the design review?

Yes. The Scenic Road and Highway Overlay adds to base zoning requirements and explicitly subjects all new and expanded development within the overlay to Chapter 13‑42; it also lists preferred and discouraged architectural and landscape elements to protect corridor aesthetics. § 13‑25.300–400.

What must I include with my design review application?

A complete design review plan must include a site plan showing property lines, existing onsite/offsite features within 50 ft, proposed building footprints/dimensions, roads/walks, grading plan comparing existing/finished grades, off‑street parking layout, pedestrian/vehicular access, setbacks, street dedications/improvements, fence/wall designs, elevations, materials, and any environmental information required. § 13‑42.300.

Can an approved design review be changed later?

Minor modifications can be approved under Chapter 13‑46 if they meet the minor modification criteria (examples include modest architectural detailing changes or size/height increases not exceeding 5% and not altering the design theme). Larger changes are treated as a new application subject to full findings and hearings. § 13‑46.300–400; § 13‑42.800.

Do planned‑development approvals bypass design review?

No — final planned development plans incorporate design review as part of the final PD approval. The final PD stage requires design review approval and the final PD documents become the applicable property development standards for the site. § 13‑48.500–600; § 13‑5.400.

If I have a question about setbacks, parking or signage for my design review, where should I look?

Check the city’s development standards for numeric setbacks and dimensional rules, the parking chapter for parking counts, and the signage chapter for sign rules; remember design review is separate and will evaluate architecture, landscaping and site layout in addition to those numeric standards. Verify specific numbers with the Community Development Director because planned development plans or overlays may alter base standards. (See Chapters 13‑30/13‑32/13‑34 and Chapter 13‑42). Verify with the jurisdiction.

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