Item No. 6
Town of Atherton
CITY COUNCIL STAFF REPORT – CONSENT
TO: HONORABLE MAYOR AND CITY COUNCIL
GEORGE RODERICKS, CITY MANAGER
FROM: FRED LUSTENBERGER, BUILDING OFFCIAL
DATE: May 20, 2026
SUBJECT: WAIVE THE SECOND READING AND ADOPT 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 second reading and adopt an ordinance to amending Chapter 15.40 of the Atherton Municipal Code (AMC) to update the list of Town-observed holidays during which certain construction and construction-related activities are prohibited and to align the AMC with Town published schedules.
BACKGROUND / ANALYSIS
The Council agreed to include the day after Thanksgiving as an observed construction holiday at the March Regular Meeting. For administrative clarity and ease of reference, the Town annually publishes a “Construction and Delivery Hours and Holidays” schedule identifying the days during which construction activities are prohibited. The 2026 Annual Schedule currently posted on the Town’s website reflects the holidays historically observed by the Town and enforced by staff.
The proposed Ordinance amends Section 15.40.120(B) of the Atherton Municipal Code to expressly identify the specific Town-observed holidays during which construction, pickup, and delivery activities are prohibited. The amendment also removes the existing definition of “holidays” contained in Section 15.40.110(C), which currently relies upon cross-references to California Government Code Section 6700.
As presently drafted, the Municipal Code creates several operational and interpretive inconsistencies.
The proposed Ordinance resolves inconsistencies by replacing the broad statutory references with a specific and clearly enumerated list of holidays during which construction activity is prohibited.
Under the proposed amendment, construction, pickup, and delivery activities would remain prohibited on Saturdays, Sundays, and the following Town-established holidays:
Staff Report – Amendment of Title 15 Modifying Construction Time Limits May 20, 2026
• New Year’s Day
• Martin Luther King Jr. Day
• President’s Day
• Memorial Day
• Independence Day
• Labor Day
• Veteran’s Day
• Thanksgiving Day
• Day After Thanksgiving
• Christmas Day
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 Indigenous Peoples Day as an observed holiday since it is also observed by the Town. This proposed amendment will codify what holidays the Town currently observes.
ADOPTION
This ordinance would amend the Atherton Municipal Code, Chapter 15.40 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. These revisions include:
• Removing outdated references to Government Code Section 6700; • Codifying the specific holidays during which construction activity is prohibited; and • Align the Municipal Code with the Town’s published annual construction schedule; MOTION
Waive the second reading and adopt an ordinance to amend Title 15 of the Atherton Municipal Code to update holidays during which certain construction and construction-related activity is prohibited.
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 Staff Report – Amendment of Title 15 Modifying Construction Time Limits May 20, 2026
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.
COMMISSION/COMMITTEE FEEDBACK/REFERRAL
This item has not been before a Town Committee
ATTACHMENTS
1. Ordinance Time Limits on Construction – ORD 67X
.