Item No. 8
Town of Atherton
4898-4891-2847.1 014537.008
CITY COUNCIL STAFF REPORT – CONSENT CALENDAR
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: FRED LUSTENBERGER, BUILDING OFFICIAL
LISA-MARIE DALEY, CODE ENFORCEMENT OFFICER
DATE: OCTOBER 21, 2026
SUBJECT: WAIVE THE SECOND READING AND ADOPT AN ORDINANCE AMENDING ATHERTON MUNICIPAL CODE CHAPTER 15.40,
“CONSTRUCTION REGULATIONS,” AND RECODIFYING EXISTING
CONSTRUCTION TIME LIMIT REGULATIONS AS NEW CHAPTER
15.41 RECOMMENDATION
Staff recommends that the City Council waive the second reading and adopt the ordinance amending Atherton Municipal Code (AMC) Chapter 15.40, “Construction Regulations,” and recodifying the existing Construction Time Limit (CTL) provisions as new Chapter 15.41, “Construction Time Limits.”
BACKGROUND
The amendment 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 project-duration 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.
The adopted 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.
AMC Chapters 15.40 and 15.41
October 21, 2026
Staff Report Chapters 15.40 and 15.41 10-21-26
ANALYSIS
At the October 7, 2026, public hearing, Council accepted the proposed revisions to Chapter
15.40 and the recodification of the existing CTL provisions as new Chapter 15.41. Chapter 15.40 consolidates and clarifies construction-site requirements, including definitions, parking, construction hours, deliveries, site maintenance, signage, CMOP authority, and enforcement.
Chapter 15.41 separately houses the existing CTL program without changing its substantive requirements.
There were no changes proposed to either document by Council at this meeting.
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
By approving this Consent Calendar item, the City Council will waive the second reading, and adopt the ordinance amending AMC Chapter 15.40 and adopt Chapter 15.41.
FISCAL IMPACT
Staff anticipate that the proposed amendments are primarily administrative and regulatory, with no additional net costs to the Town. 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. Ordinance AMC Chapter 15.40, “Construction Regulations”
2. Ordinance AMC Chapter 15.41, “Construction Time Limits”