Item No. 2
Town of Atherton
4898-4891-2847.1 014537.008
CITY COUNCIL STAFF REPORT – PUBLIC HEARING
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: FRED LUSTENBERGER, BUILDING OFFICIAL
LISA-MARIE DALEY, CODE ENFORCEMENT OFFICER
DATE: OCTOBER 7, 2026
SUBJECT: CONDUCT THE PUBLIC HEARING AND INTRODUCE FOR FIRST
READING, BY TITLE ONLY, AN ORDINANCE AMENDING
ATHERTON MUNICIPAL CODE CHAPTER 15.40, “CONSTRUCTION
REGULATIONS,” AND RECODIFYING EXISTING “CONSTRUCTION
TIME LIMIT (CTL) REGULATIONS” AS NEW CHAPTER 15.41.
RECOMMENDATION
Staff recommends that the City Council consider and introduce for first reading an ordinance amending Atherton Municipal Code (AMC) Chapter 15.40, “Construction Regulations,” and recodifying the Town’s existing Construction Time Limit (CTL) regulations as new Chapter
15.41, “Construction Time Limits.”
BACKGROUND
The proposed ordinance updates and reorganizes Chapter 15.40 to clarify the Town-wide regulations governing construction activity and construction-site operations. The ordinance also relocates the existing CTL provisions from Chapter 15.40 into new Chapter 15.41 so that projectduration requirements are organized separately from day-to-day construction regulations.
Chapter 15.40 contains the Town’s regulations governing construction activity, including construction hours, parking, deliveries and pickups, traffic, site conditions, signage, enforcement, and other requirements intended to address construction-related impacts. Staff have undertaken a comprehensive cleanup and reorganization to update terminology, clarify existing requirements, add definitions where needed, and improve the chapter’s organization and administration.
AMC Chapters 15.40 and 15.41
October 7, 2026
Staff Report Chapters 15.40 and 15.41 10-7-26
This item is presented as a chapter-wide update of the Town’s construction regulations. As part of that update, the ordinance incorporates the authority and revisions associated with Section
15.40.152 that Council recently reviewed and requested be reflected in Chapter 15.40.
The existing Construction Time Limit provisions are also currently located within Chapter 15.40.
Those provisions address the overall period allowed to complete permitted construction and operate through separate application, penalty, appeal, and enforcement procedures. Staff propose moving the existing CTL provisions into new Chapter 15.41 for clarity and organization.
The proposed recodification of the CTL provisions does not change the substantive Construction Time Limit requirements. The existing provisions are carried forward into Chapter 15.41 so that Chapter 15.40 can remain focused on construction activity and construction-site operations. It is not recommended that these be modified.
ANALYSIS
The proposed ordinance has two principal components: (1) a comprehensive cleanup and update of Chapter 15.40, “Construction Regulations”; and (2) recodification of the existing Construction Time Limit regulations as new Chapter 15.41.
Chapter 15.40, “Construction Regulations”: The proposed amendments reorganize and update the chapter to provide clearer, more current regulations for construction activity within the Town. The revisions are intended to improve readability, administration, and enforcement while maintaining Chapter 15.40 as the primary location for Town-wide construction-site regulations.
These revisions are made to align with the recently introduced Construction Management Operations Plan Agreement:
• Definitions. The chapter adds or expands definitions used to administer the construction regulations, including terms addressing construction-related activity, deliveries and pickups, vehicles, and other regulated conduct.
• Construction vehicle parking. The revised provisions clarify requirements for on-site parking, use of the public right-of-way, alternate parking arrangements, property configurations such as flag lots and cul-de-sacs, emergency access, and the parking or staging of construction vehicles and equipment.
• Construction hours and exemption permits. The chapter clarifies the activities prohibited outside established construction hours and the procedures applicable to limited exceptions, emergency work, and specifically authorized activity outside normal hours.
• Site maintenance and neighborhood impacts. The revisions clarify responsibility for dirt, debris, litter, vegetation, adjacent property, and restoration of public property or the public right-of-way affected by construction.
AMC Chapters 15.40 and 15.41
October 7, 2026
Staff Report Chapters 15.40 and 15.41 10-7-26
• Deliveries and traffic. The revised provisions clarify delivery and pickup operations, vehicle staging and queuing, temporary lane use, and the obligation to maintain access for residents, the traveling public, and emergency vehicles. • Construction signage and screening. The amendments update and consolidate requirements for construction signage, screening, and related site-management measures. • Section 15.40.152. The chapter-wide ordinance incorporates the authority and revisions to Section 15.40.152 recently reviewed by Council. Including those provisions within the updated Chapter 15.40 places the section within the reorganized constructionregulation framework and codifies the applicable authority as part of the chapter. • Enforcement. The chapter clarifies violations, administrative penalties, appeals, progressive enforcement, and Stop Work Order procedures applicable to violations of Chapter
15.40. The result is a reorganized Chapter 15.40 that places the Town’s construction-site rules in one chapter using updated terminology and clearer administrative provisions.
New Chapter 15.41, “Construction Time Limits”: The proposed ordinance removes the existing Construction Time Limit provisions from Chapter 15.40 and places them in a separate Chapter
15.41. Construction Time Limits regulate the overall duration and completion of permitted construction rather than the daily conduct of construction activity.
The substantive CTL requirements are not changed by this recodification. Chapter 15.41 carries forward the existing provisions addressing application, construction completion, applicable time limits, penalties for projects that remain incomplete beyond the applicable time limit, required deposits, appeals, enforcement, and violations.
Separating the Construction Time Limit provisions into Chapter 15.41 also clearly distinguishes the applicable violation, enforcement, and appeal procedures from those governing construction regulations under Chapter 15.40. These provisions involve separate regulatory and administrative processes and are therefore more appropriately addressed in distinct chapters.
Organization of the Code: Following adoption, Chapter 15.40 will address construction activity and construction-site operations, including the recently reviewed authority contained in Section
15.40.152. Chapter 15.41 will separately contain the Town’s existing Construction Time Limit regulations. This organization is intended to make the Municipal Code easier for staff, applicants, contractors, property owners, and the public to use and administer.
The proposed amendments are a code cleanup and reorganization intended to update terminology, clarify administrative provisions, and improve the organization of Chapter 15.40 while separating the existing CTL regulations into Chapter 15.41.
New Chapter 15.41 does not establish a new CTL program or change the substantive time limits.
It codifies the existing CTL provisions in a separate chapter for clarity and organization.
AMC Chapters 15.40 and 15.41
October 7, 2026
Staff Report Chapters 15.40 and 15.41 10-7-26
ENVIRONMENTAL ANALYSIS
The approval of these ordinances is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15309, which consists of activities limited to inspections to check for performance of an operation, or quality, health, or safety of a project.
These ordinances are further exempt pursuant to section 15332.
COUNCIL ACTION AND DIRECTION REQUESTED
At the October 7, 2026 public hearing, staff requests that Council consider and introduce for first reading the ordinance amending Chapter 15.40, “Construction Regulations,” and recodifying the existing Construction Time Limit regulations as new Chapter 15.41, “Construction Time Limits.”
Staff welcomes Council questions and direction regarding the proposed ordinance provisions and the organization and administration of Chapters 15.40 and 15.41.
FISCAL IMPACT
Staff anticipate that the proposed amendments are primarily administrative and regulatory. The Chapter 15.40 amendments update and clarify the Town’s construction regulations, and the relocation of the existing Construction Time Limit provisions into Chapter 15.41 does not, by itself, create a new Town program.
ATTACHMENTS
1. Proposed ordinance amending AMC Chapter 15.40, “Construction Regulations”
2. Proposed new AMC Chapter 15.41, “Construction Time Limits”