Multifamily and Duplex Properties for Sale in Hercules: Zoning and Rent Rules

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What multifamily in Hercules looks like

Hercules grew mostly after the 1970s as a planned suburb on San Pablo Bay, so its rental stock is newer than in older Bay Area cities. What investors find:

  • Apartment communities and townhome and condominium projects, many built under planned development approvals
  • Mixed-use buildings with apartments over shops along Sycamore Avenue and in the waterfront area
  • Duplexes and duets in the multifamily low and medium districts
  • Single-family homes with ADUs, and two-unit projects on single-family lots
  • A mobile home park district, P-M-H

For financing, see financing 2-4 unit properties and apartment building loans.

Where the zoning allows it

Residential districts are in Chapter 13-6, most recently amended by Ordinance 554 in 2025.

District What it allows Density and height
RS-E Single-Family Estate One home; two-unit development under Chapter 13-36 1–2 units per acre; half-acre lots; 35 ft
RS-L Single-Family Low One home; two-unit development 2–7 units per acre; 6,000 sq ft lots; 35 ft
RM-L Multifamily Low Duplexes, duets, townhomes, apartments Up to 12 per acre; 45 ft (35 ft for duplexes)
RM-M Multifamily Medium Duplexes, duets, townhomes, apartments 12–30 per acre; 60 ft
RM-H Multifamily High Apartments, townhomes and condos; no duplexes 30–55 per acre; 90 ft
PC-R Planned Commercial Residential Multifamily over shops, live-work units, ADUs 40 per acre base; Town Centrale on Sycamore Avenue up to 80 per acre with a PD plan
P-M-H Mobile Home Park Mobile home parks Chapter 13-7

The RM districts list minimum site areas of 3, 5 and 15 acres. A planned development plan can reduce those minimums, which is how most Hercules apartment projects were built. In PC-R, buildings can reach 50 feet, or 65 feet on Sycamore and San Pablo Avenue frontage with an approved plan. Each unit needs 100 square feet of usable open space.

ADUs. ADUs are regulated by Section 13-35.320 and are listed as a use in PC-R. See our ADU investment guide.

Two-unit developments (SB 9). Chapter 13-36, added by Ordinance 540 in 2022 and amended by Ordinance 554 in 2025, applies only in single-family districts. Rear and interior side setbacks are capped at 4 feet. Lot coverage can flex to allow two units of 800 square feet each. Each primary unit needs one parking stall, except near transit, and driveways are limited to 10 feet wide. Excluded parcels include historic resources and 100-year flood hazard areas without a FEMA map revision. Earthquake fault zones that do not meet seismic standards are also excluded. See our SB 9 lot split guide.

Rent rules: state law only

Hercules has no local rent cap. The Attorney General’s chart lists only Antioch, Concord and Richmond in Contra Costa County. Covered Hercules units follow the state cap for the San Francisco area: 6.3% from August 1, 2025, and 8.8% from August 1, 2026 through July 31, 2027. Because much of Hercules’ housing is newer, check each building’s certificate of occupancy date: units under 15 years old are exempt from the state cap. Single-family homes and condos owned by individuals can also be exempt with the required lease notice. See our AB 1482 guide and just cause eviction guide.

Hercules rental property rules

The city’s own Housing Code, Title 9 Chapter 6, sets a rental inspection program that buyers must budget for:

  • Inspection every two years. Owners of residential rental units must have each unit inspected at least once every two years and hold a certificate of compliance. A valid Section 8 certificate and proof of inspection is accepted instead.
  • Process. The owner applies and pays the fee. The Building Official inspects within 20 working days and gives written notice of any deficiencies within 10 business days. The owner then has 30 calendar days to fix each one.
  • Certificate term. Certificates last two years and list the legal use and occupancy of the unit.
  • Enforcement. Violations are infractions. Appeals go to a hearing officer, whose decision is final.
  • Business license. The city requires a business license for organizations operating in Hercules, renewed by January 31. Ask whether your rental operation needs one.

We did not find a local just cause, relocation or rent registry ordinance.

Bay, flood and building issues

  • Flood zones. Parts of Hercules near the Bay and Refugio Creek are mapped in special flood hazard and creek overlay districts (Chapters 13-21 and 13-22). Flood zones also block SB 9 projects without a FEMA map revision.
  • Mid-rise buildings. RM-H allows 90-foot buildings. Larger podium buildings carry different maintenance and insurance profiles than garden apartments.
  • Balconies. Buildings of three or more units with elevated wood balconies need SB 721 inspections. Older wood-frame buildings may warrant a seismic retrofit review.
  • Transfer tax. The county charges $0.55 per $500. The city’s Chapter 8-3 sets a $0.275 per $500 city tax, but the Clerk-Recorder does not list Hercules as charging an added city tax. Confirm with the Recorder.

Underwriting a Hercules multifamily purchase

  1. Confirm the district, any planned development plan and whether a Waterfront or Central Hercules plan applies.
  2. Request current rental inspection certificates for every unit and any open deficiency notices.
  3. Check each building’s age for the AB 1482 new-construction exemption.
  4. Confirm flood zone status and insurance.
  5. Request rent rolls, leases and estoppel certificates.
  6. Model inspection fees and repairs with our rental property analysis guide.

Questions people ask

Does Hercules have rent control?

No. Only the state cap applies to covered units.

Does Hercules inspect rental units?

Yes. Each rental unit must be inspected at least every two years and hold a certificate of compliance.

Where can apartments be built?

In RM-L, RM-M and RM-H, and in the PC-R mixed-use district along Sycamore and San Pablo Avenues.

What is the highest density allowed?

RM-H allows 30 to 55 units per acre, and the Town Centrale project in PC-R can reach 80 with a planned development plan.

Can I add a second unit to a single-family lot?

Yes, under Chapter 13-36, if the parcel is not excluded by flood, historic or other limits.

Are duplexes allowed in RM-H?

No. RM-H permits apartments, townhomes and condos but not duplexes.

Sources & notes

  1. Hercules Municipal Code (Code Publishing): Chapter 13-6, 13-15, 13-36, Title 9 Chapter 6, Chapter 8-3
  2. City of Hercules, Business Licenses
  3. California Attorney General, rent caps
  4. Contra Costa Clerk-Recorder, Documentary Transfer Tax

Note: We did not open the ADU section (13-35.320), the mobile home park chapter or any inclusionary rules. Inspection fee amounts were not posted.

General information, not legal or tax advice. Last reviewed October 2026 by Matthew Martinez.

Related: Hercules real estate guide · Commercial real estate in Hercules · Multifamily investing guide · Investor services

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