Item No. 4
Town of Atherton
CITY COUNCIL STAFF REPORT – PUBLIC HEARING
TO: HONORABLE MAYOR AND CITY COUNCIL
GEORGE RODERICKS, CITY MANAGER
FROM: FRED LUSTENBERGER, BUILDING OFFICIAL
DATE: JANUARY 21, 2026
SUBJECT: WAIVE THE SECOND READING AND ADOPTION OF AN
ORDINANCE TO AMEND TITLE 15 OF THE ATHERTON
MUNICIPAL CODE ADOPTING BY REFERENCE THE 2025
CALIFORNIA BUILDING STANDARDS CODE, RETAINING
EXISTING MODIFICATIONS; AND RATIFY THE FIRE
REGULATIONS, AS ADOPTED BY THE MENLO PARK FIRE
PROTECTION DISTRICT.
RECOMMENDATION
Staff recommends that the City Council waive the second reading and adopt the attached ordinance and amend Title 15 of the Atherton Municipal Code adopting by Reference the 2025 California Building Standards Code, retaining existing modifications; and ratify the fire regulations, as adopted by the Menlo Park Fire Protection District.
BACKGROUND/ANALYSIS
The City Council introduced and commented on the proposed ordinance at the December 17, 2025 Council Meeting. They requested clarification on the requirements for fire suppression system as it relates to electric vehicle charging but did not suggest any changes to the ordinance.
Utilizing nine-point criteria as provided for in state statute, the California Building Standards Commission (CBSC), through a public hearing process, considers amendments and revisions to the Model Codes from State Regulatory Agencies every three years. Upon CBSC approval, the amended Model Codes are published, and become a part of Title 24 of the California Code of Regulations which are in effect 180 days after publication.
The 2025 California Building Standards Codes that will take effect throughout California on January 1, 2026 (Health and Safety Code (HSC) Section 18938). The Codes specified in the California Code of Regulations, are mandated by the State of California and the Building Official is required to administer and enforce those codes.
The amending of certain portions of Title 15 of the Town of Atherton Municipal Code is necessary to maintain consistency among the new building codes, procedures and terminology and the Town’s existing regulations.
Provisions within California statute (HSC Sections 17958.7 and 18941.5 (b)) allow local agencies the authority to establish more restrictive building standards when reasonably necessary because of local climatic, geologic, or topographical conditions but not the authority to reduce the minimum standards established by the California Code of Regulations.
The more restrictive modifications and findings carry forward the current more restrictive fire sprinkler requirements were adopted by the Menlo Park Fire District, which provides fire protection to Atherton and neighboring communities. The specific factors that require and bring forward the more extensive requirements for the installation of fire sprinklers were identified with findings by the Board of the Menlo Park Fire Protection District. Similar findings are set forth in Section 1 of the attached Ordinance.
Adoption
Government Code Section 50022.2 and Health and Safety Code section 17922 requires that local agencies adopt the Building Codes. Because Staff is also recommending re-adopting an administrative appendix by reference and a more restrictive modification to the code by ratifying the Menlo Park Fire Regulations the adopting procedure outlined in Government Code Section 50022.3 should be followed.
Copies of the codes are available at the Town’s Permit Center offices during regular hours.
FISCAL IMPACT
None
PUBLIC NOTICE
Public notification was achieved by posting the agenda, with this agenda item being listed, at least 72 hours prior to the meeting in print and electronically. Information about the project is also disseminated via the Town’s electronic News Flash and Atherton Online. There are approximately 1,200 subscribers to the Town’s electronic News Flash publications. Subscribers include residents as well as stakeholders – to include, but be not limited to, media outlets, school districts, Menlo Park Fire District, service provides (water, power, and sewer), and regional elected officials. The Town maintains an active and up to date Project Website at http://caatherton.civicplus.com/index.aspx?NID=290.
COMMISSION/COMMITTEE FEEDBACK/REFERRAL
This item has or X has not been before a Town Committee or Commission. ____ Audit/Finance Committee (meets every other month)
____ Bicycle/Pedestrian Committee (meets as needed)
____ PMC & Civic Center Advisory Committee (meets as needed) ____ Environmental Programs Committee (meets every other month) ____ Park and Recreation Committee (meets each month)
____ Planning Commission (meets each month)
____ Rail Committee (meets every other month)
____ Transportation Committee (meets every other month)
ATTACHMENTS
1. Ordinance Amending Title 15 of the Atherton Municipal Code
2. Menlo Park Fire Protection District Ordinance
3. MPFPD Standards and Guidelines Manual