Hercules, CA Zoning Overlays & Bonuses: Density Bonus Law (2026)

440 of the Hercules Municipal Code implement California Government Code Sections 65915 through 65918, the state Density Bonus Law, as part of the City's housing element strategy for affordable housing incentives. 420 makes the Government Code control. 430, an applicant can submit a preliminary density bonus proposal before filing a formal application, but a request under the Density Bonus Law must be submitted concurrently with the project's first discretionary permit application and processed alongside it, following the review process in Chapters 13-40 and 13-42. Applicants must supply a written statement of the requested density increase, incentives and waivers, proposed rent schedules or sales prices, unit type, location and size, plus evidence that requested incentives produce actual identifiable cost reductions, and, for a waiver, evidence that the standard being waived would physically preclude construction of the housing development at the requested density.

440 requires the decision-making body to find the project eligible, that the incentive produces financially sufficient cost reductions, and that affordability is guaranteed for the required period; additional findings apply for land-donation, child-care, or mixed-use-based bonuses. If findings cannot be made, the City Council may deny a concession or incentive only with a written, evidence-supported finding.