CITY OF HERCULES RESOLUTION NO. 24-____
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERCULES AUTHORIZING THE CITY MANAGER TO APPROVE SCIP 24-01, AN APPLICATION SUBMITTED BY D.R. HORTON BAY, INC. TO UTILIZE THE SCIP PROGRAM FOR CERTAIN DEVELOPMENT IMPACT FEES AND IMPROVEMENTS FOR THE OWL RANCH SUBDIVISION WHEREAS, the City of Hercules is a Program Participant of the Statewide Community Infrastructure Program (“SCIP”) which allows the financing of certain public capital improvements to be constructed by or on behalf of property owners for acquisition by the City or another public agency (the “Improvements”) and improvements eligible for funding from certain development impact fees, capacity fees and/or other development related charges (the “Fees”) levied in accordance with the Mitigation Fee Act (California Government Code Sections 66000 and following) and other authority providing for the levy of fees on new development to pay for public capital improvements (collectively, the “Fee Act”) through the levy of special assessments pursuant to the Municipal Improvement Act of 1913 (Streets and Highways Code Sections 10000 and following) (the “1913 Act”) and the issuance of improvement bonds (the “Improvement Bonds”) under the Improvement Bond Act of 1915 (Streets and Highways Code Sections 8500 and following) (the “1915 Act”) upon the security of the unpaid special assessments; and WHEREAS, the City of Hercules originally determined its participation in the SCIP program through Resolution 06-134 and later amended the parameters of participation to require City Council review and direction to the City Manager to approve or deny all complete SCIP applications through Resolution 17-039. The City Council adopted a restated and amended version of Resolution 17-039 immediately preceding on June 25, 2024 (Resolution 24-XX), which provides for expansion of the SCIP program and re-establishes the City’s participation; and WHEREAS, the City of Hercules has received a complete SCIP application from D.R. Horton Bay, Inc. requesting to utilize the SCIP program to finance certain Development Impact Fees and Improvements including the Park & Recreation Fee, Transportation Facilities Fee, Sewer Facilities Fee and West County Sub-Regional Transportation Mitigation Fee.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hercules as follows:
The City Council hereby authorizes the City Manager to approve the SCIP application submitted by D.R. Horton Bay, Inc. for the Owl Ranch subdivision, allowing the applicant to submit the SCIP application to the California Statewide Communities Development Authority (CSCDA).
The City Council finds that adoption of this Resolution is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines § 15061(b)(3) – the common sense exemption – because the action would only allow D.R. Horton to submit their SCIP application to CSCDA for financial processing and would not facilitate new construction or other groundbreaking activities. It can be seen with certainty that there is no possibility that the action will result in either a direct physical change to the environment or a reasonably foreseeable indirect physical change to the environment. Further, none of the circumstances described in CEQA Guidelines § 15300.2 applies. No unusual circumstances are present. This determination reflects the City of Hercules’ independent judgment and analysis.
The foregoing Resolution was duly and regularly adopted at a regular meeting of the City Council of the City of Hercules held on the 25th day of June, 2024 by the following vote of the Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
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Dan Romero, Mayor
ATTEST:
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Eibleis Melendez
City Clerk
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