Hercules, CA Home Business: Home Daycare (2026)
Key Facts
- Threshold
- 14 or fewer children
- Zoning status
- "P" Permitted Use, all 5 residential districts
- Permit required
- None (no A or C designation)
- Governing provision
- Table 13-6.1, Sec. 13-6.400
- Districts covered
- RS-E, RS-L, RM-L, RM-M, RM-H
- Adopted
- Ord. 515 § 2, 2018 (ZO § 6.400)
Summary
Hercules allows family daycare homes serving 14 or fewer children by right in every residential zoning district, RS-E through RM-H. Table 13-6.1 marks the use 'P' for Permitted, meaning no administrative or conditional use permit, and no public hearing, stands between a qualifying home and operation.
All new and expanded development and uses that are allowed in the residential zoning districts are identified in Table 13-6.1. The following uses may be permitted in the designated residential zoning districts subject to compliance with Chapter 13-49 and approval by the Community Development Director. Use permits, administrative or conditional, are required for all new and expanded residential development. [Table 13-6.1 Land Use Regulations: Residential District - RS-E / RS-L / RM-L / RM-M / RM-H] Family Daycare Homes (14 or fewer children): P / P / P / P / P. Key to Land Use Regulations: A Administrative Use Permit Required, C Conditional Use Permit Required, P Permitted Use, -- Use Not Allowed.
Official source re-checked September 8, 2026: no newer edition of the code had been published (publisher’s edition: current through Ordinance 555, passed March 25, 2025).
Full Breakdown
1, the Land Use Regulations table for the Residential District chapter of Hercules's Zoning Ordinance, lists 'Family Daycare Homes (14 or fewer children)' with a 'P' in every one of the five residential columns: RS-E (Single-Family Estate), RS-L (Single-Family Low Density), RM-L (Multifamily Low Density), RM-M (Multifamily Medium Density) and RM-H (Multifamily High Density). The table's key defines 'P' as 'Permitted Use,' as distinct from 'A' (Administrative Use Permit Required) and 'C' (Conditional Use Permit Required), the designations used elsewhere in the same table for uses like rooming houses or utility facilities.
1,' and states that use permits, administrative or conditional, are required for new and expanded residential development generally, except where the table itself marks a use as flatly permitted. Because family daycare carries the unqualified 'P,' it sits outside that general use-permit requirement in every residential district citywide, unlike accessory dwelling units, senior housing or supportive housing, which the same table subjects to added conditions noted by footnote. 400).
Violations & Fines
Because Table 13-6.1 marks family daycare homes 'Permitted Use' outright, the City cannot condition, deny or require a hearing for a qualifying home care operation. A home exceeding the 14-child threshold no longer fits this by-right category under Section 13-6.400 and would need to be evaluated against whatever use classification and permit level applies to a larger childcare operation before it could lawfully operate.
Frequently Asked Questions
Do I need a permit to run a family daycare home in Hercules?
Which Hercules residential zones allow a family daycare home?
What if my Hercules daycare has more than 14 children?
Sources & Official References
Other rules in Hercules
California rules heatmap·Compare Hercules to another location·View the California home business overview
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