CITY OF HERCULES RESOLUTION NO. 26-____
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERCULES AMENDING THE CITY OF HERCULES AFFORDABLE HOUSING POLICY TO INCREASE MAXIMUM OCCUPANCY LEVELS CONSISTENT WITH FEDERAL AND STATE GUIDELINES AND FINDING THE ACTION EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).
WHEREAS, the City of Hercules Affordable Housing Policy (“Policy”) was adopted by Resolution No. 21-010 on February 23, 2021, to address how affordable housing units are made available and monitored to ensure compliance with local and State requirements; and WHEREAS, the City Council approved amendments to the Policy by Resolution No. 24-061 on September 24, 2024, to align the City’s Affordable Housing Policy with the updated Hercules Municipal Code reflecting the City’s adoption by reference of State Density Bonus Law; and WHEREAS, the Policy sets a maximum occupancy for affordable units of one person per bedroom plus one additional person, citing Section 50052.5(h) of the Health and Safety Code (HSC); and WHEREAS, HSC 50052.5(h) provides a formula to be used for adjusting tenant incomes relative to household size for income qualification purposes. However, this “one-plus-one” formula is not typically used as an occupancy limit for units; and WHEREAS, the Federal Fair Housing Act provides that landlords have the right to determine the number of occupants in their rental properties, providing they do not discriminate against families, apply the limitations consistently to all tenants, and conform to federal and state guidelines; and WHEREAS, the U.S. Department of Housing and Urban Development (HUD) adopted a formula to provide guidance in assessing occupancy standards consistent with the FHA. Commonly known as the “two-plus-one” rule, this guidance provides that landlords should generally allow at least two occupants per bedroom plus one additional occupant in a rental unit, regardless of their relationship; and WHEREAS, California’s Civil Rights Department, formerly the Department of Fair Employment and Housing. has also adopted the “two-plus-one” formula; and WHEREAS, in order to affirmatively further fair housing and aid landlords in complying with the Fair Housing Act, the City wishes to update the Policy to make the maximum occupancy level for affordable units consistent with the federal and state “two-plus-one” formula; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hercules as follows:
The City Council finds that amendments to the Affordable Housing Policy as shown in Attachment 1 are desirable to bring the Policy’s occupancy limits in line with federal and state guidance and hereby adopts said amendments.
The City Council finds that adoption of this Resolution is not a project under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15378 because it involves only administrative activities that would not impact the environment. Even if it was considered a project, it would be exempt from CEQA pursuant to CEQA Guidelines section 15061(b)(3) because it would only provide updates to the Affordable Housing Policy and would not facilitate new construction or other groundbreaking activities and it can be seen with certainty that there is no possibility that the actions authorized in this resolution 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 10th day of February, 2026 by the following vote of the Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
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Chris Kelley, Mayor
ATTEST:
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Eibleis Melendez
City Clerk
Attachment 1: Amended Affordable Housing Policy
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