Item No. 8
Town of Atherton
CITY COUNCIL STAFF REPORT – PUBLIC HEARINGS
TO: HONORABLE MAYOR AND CITY COUNCIL
GEORGE RODERICKS, CITY MANAGER
FROM: FRED LUSTENBERGER, BUILDING OFFCIAL
DATE: MARCH 18, 2026
SUBJECT: WAIVE THE FIRST READING AND INTRODUCE BY TITLE ONLY, AN ORDINANCE TO AMEND TITLE 15 OF THE
ATHERTON MUNICIPAL CODE TO UPDATE HOLIDAYS
DURING WHICH CERTAIN CONSTRUCTION AND
CONSTRUCTION-RELATED ACTIVITY IS PROHIBITED
RECOMMENDATION
Waive the first reading and introduce by title only, an ordinance to amend Title 15 of the Atherton Municipal Code to update holidays during which certain construction and construction-related activity is prohibited.
BACKGROUND / ANALYSIS
The Town has adopted regulations limiting construction and construction-related activities within the Town at certain times. These time limits are detailed in Section 15.40.120 of the Atherton Municipal code and include, but are not limited to Saturdays, Sundays, and holidays. Holidays are defined in Subsection C of Section 15.40.110 as follows:
“Holidays” means those days declared legal holidays by the Governor of the state of California, those days set forth in Government Code Section 6700(a)(1)-(5), (7)-(9), (13)-(14), and fourth Thursday and Friday in November (Thanksgiving and day after Thanksgiving).
In addition to these limitations imposed on construction and construction-related activities through the Atherton Municipal Code, for ease of reference for contractors and property owners, the Town annually publishes a schedule of days when construction and construction-related activities are prohibited. The most recent such schedule is a one-page document called “Construction and Delivery Hours and Holidays for 2026” which is currently published on the Town’s website. This document is authorized by Subsection B of Section 15.40.120 as follows:
Construction, pickup and delivery shall be prohibited on any property within the Town on Saturdays, Sundays, and any holiday.
Staff Report – Amendment of Title 15 Modifying Construction Time Limits March 2, 2026
As currently enacted, there are three issues:
1) The definition of holidays in Title 15 is aligned with Government Code 6700, which is inconsistent with the holidays currently observed by the Town; 2) Government Code 6700 has been amended over time, and the references are no longer consistent with the Town’s original intent for observed holidays; and 3) The section does not specify that these holidays must also be observed by the Town and does not identify by name each of the observed holidays.
Section 6700 currently (as of 1/1/2025) identifies eighteen (18) holidays plus Thanksgiving, when it is duly appointed by the Governor or the President, which totals seven more holidays than what the Town currently observes. Unless the Town decides to designate some, or all, of these holidays as exempt from the requirements of Section 15.40.120 of the Atherton Municipal Code, the loss of additional construction workdays would negatively impact the ability of builders and property owners to successfully complete their projects within the Construction Time Limits imposed by Section
15.40.180.
The proposed Ordinance amendment aligns Section 15.40.110 with the State Holidays as promulgated by the California Secretary of State, which, with one exception, closely matches those currently observed by the Town. The amendment also specifies that the holiday must also be formally observed by the Town. Lastly, although not typically a construction holiday, the amendment adds Columbus Day as an observed holiday since it is also observed by the Town. This proposed amendment will codify what holidays the Town currently observes.
Further, as currently enacted, 15.40.120 prohibits construction work on all observed Town holidays.
However, this is inconsistent with the past and ongoing practice of allowing construction work on Columbus Day and the day after Thanksgiving. The proposed amendment to this section will simply codify an existing, long-standing practice.
In summary, this ordinance would amend the Atherton Municipal Code to resolve any existing discrepancies, conflicts, or ambiguities between the holidays currently observed by the Town and those specified in Title 15 of the Code. It would also clearly identify on which observed holidays construction work is to be permitted.
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 providers (water, power, and sewer), and regional elected officials.
Staff Report – Amendment of Title 15 Modifying Construction Time Limits March 2, 2026
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) ____ 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.
Construction and Delivery Hours and Holidays for 2026
.
Staff Report – Amendment of Title 15 Modifying Construction Time Limits March 2, 2026