TOWN OF ATHERTON | BUILDING DEPARTMENT Attachment 2
CMOP Agreement 9/16/26| Town of Atherton Building Department | Page 1
CONSTRUCTION MANAGEMENT AND OPERATIONS PLAN
(CMOP) AGREEMENT
Town of Atherton Building Department
80 Fair Oaks Ln., Atherton, California 94027 | (650) 752-0560 Project
Address:
Building Permit
No.:
Property Owner: __________________________________ _______________________________________ Contractor: ____________________________________ _______________________________________ AGREEMENT ACKNOWLEDGMENT. This document is formatted for review, acknowledgment, initials, and execution by the Property Owner, Contractor, and Town. Initialing each principal section confirms review of that section; signatures at the end confirm acknowledgment of and agreement to the approved CMOP as a whole.
SECTION 1. Atherton Municipal Code Chapter 15.40 and Construction Management Operations Plan Agreement
Owner Initials ________ Contractor ________
Governing Authority.
The provisions in this Construction Management and Operations Plans (CMOP) Agreement are intended to implement and supplement the construction requirements established by Chapter 15.40 of the Atherton Municipal Code (AMC).
Nothing in these provisions shall supersede, replace, waive, or otherwise modify any requirement of Chapter 15.40 or any other applicable provision of the AMC.
In the event of a conflict or inconsistency between these provisions and the AMC, the requirements of the AMC shall control.
CMOP as an Agreement.
When a CMOP is required by the Building Official, the final CMOP shall constitute an agreement between the property owner, the contractor identified on the building permit, and the Town regarding the construction management and operational requirements applicable to the project.
The property owner and contractor shall review, acknowledge, and sign the CMOP Agreement prior to issuance of the applicable building permit.
By signing the CMOP Agreement, the property owner and contractor acknowledge that they have reviewed and understand the applicable requirements and agree to implement, maintain, and comply with the approved CMOP for the duration of the construction project.
The approved and signed CMOP shall become part of the approved construction documents and shall remain applicable until completion of construction.
Approval of a CMOP does not authorize any activity otherwise prohibited by the AMC or other applicable law, nor does it waive the requirement to obtain any other permit, approval, or authorization required by the Town.
CMOP as a Condition of Permit Issuance.
The approved and signed CMOP Agreement shall be a condition of the applicable building permit. Compliance with the CMOP Agreement shall be required for the duration of the project and until construction is completed.
Violations and Enforcement.
Failure to comply with an approved CMOP Agreement constitutes a violation of the conditions of the building permit and may result in enforcement action, including administrative citations and applicable fines and/or issuance of a Stop Work Order (SWO), as authorized by Chapter 15.40 and other applicable provisions of the Atherton Municipal Code.
SECTION 2. Purpose and Submittal – Construction Management and Operations Plan (AMC
15.40.152)
Owner Initials ________ Contractor ________
The Construction Management and Operations Plan (CMOP) shall be submitted as part of the building permit review process. Before plans are approved for permit issuance, the applicant shall submit a CMOP for review and approval by the Building Official. Once approved, the CMOP and the CMOP Agreement shall become part of the public record.
TOWN OF ATHERTON | BUILDING DEPARTMENT Attachment 2
CMOP Agreement 9/16/26| Town of Atherton Building Department | Page 2 The CMOP shall be provided on a separate sheet titled “CMOP” and listed in the permit set Sheet Index. At a minimum, the CMOP shall address the requirements outlined below. Where the Building Official has determined that the scope of work requires a CMOP, the CMOP shall be included with the plan set submitted through the Permit Portal. A plan set submitted without the required CMOP will be rejected by the Permit Technician as incomplete. Examples of CMOP Plan sheets are available for reference.
SECTION 3. Administrative Penalties/Citation Fines (15.40.240) Owner Initials ________ Contractor ________
Activities conducted in violation of the approved CMOP, the Atherton Municipal Code (AMC), and/or this Agreement may result in enforcement action, including but not limited to administrative citations, fines, and/or legal action against the Owner and Contractor. A Stop Work Order (SWO) may also be issued for violations involving life, safety, or health concerns, or when progressive enforcement is warranted due to multiple violations. • Fines for construction-related violations are as follows:
(1) A fine not exceeding one hundred thirty dollars ($130) for a first violation. (2) A fine not exceeding seven hundred dollars ($700) for a second violation of the same ordinance within one year.
(3) (A) A fine not exceeding one thousand three hundred dollars ($1,300) for each additional violation of the same ordinance within one year of the first violation.
SECTION 4. Heritage Trees and Tree Protection (TPZ)
Owner Initials ________ Contractor ________
All projects must comply with the requirements of Chapter 8.10 of the Atherton Municipal Code relating to the Removal of and Damage to Heritage Trees.
• All Heritage Trees (HT) on the subject property shall be shown on the CMOP, with the diameter at breast height (DBH) identified for each tree. DBH is measured 4 feet 6 inches (54 inches) above natural grade. • All Heritage Trees within 15 feet of the property lines shall be located on the plan with the tree’s diameter labled, including trees on neighboring properties and in the public right-of-way (PROW). • Heritage Trees in the PROW shall be protected with hay wattles or 2x4 board protection to the satisfaction of the Town Arborist. Tree protection fencing shall not extend into the PROW beyond the private property line. • Vehicles shall not park within 6 feet of a protected Heritage Tree in the PROW. • Construction parking and storage on private property shall remain outside tree protection zones/fencing and outside tree drip lines as applicable.
SECTION 5. Construction Entrances and Access
Owner Initials ________ Contractor ________
• All pedestrian and vehicle construction entrances/gates shall be shown on the CMOP. • Each point of ingress/egress shall have a yellow construction sign issued by the Town Building Department. • If an existing paved driveway is maintained during construction, temporary access will not be required. • For any vehicle or equipment access point that is not an existing paved driveway maintained during construction, a temporary construction driveway shall be installed using base rock or another material approved by the Building Official. The temporary driveway shall begin at the edge of pavement and extend a minimum of 100 feet into the property to reduce dust and mud tracking. An existing paved driveway that remains in use during construction may satisfy this requirement.
• Rumble grids, track mats, composite mats, or other materials approved by the Building Official may be used as part of the construction entrance treatment.
• If using base rock, minimum 3-inch base rock is required. • The Town may require additional signs, delineators, flag personnel, and other traffic-control measures as deemed necessary for safety. The Owner or Contractor may propose, or the Building Official may require, temporary fencing to restrict additional access points.
SECTION 6. Construction Fencing and Screening
Owner Initials ________ Contractor ________
Construction fencing is required for full-site construction, demolition, accessory structures, ADUs, pool/spa work, major alterations/additions with exposed framing, and other work as determined by the Building Official. • Fencing shall be shown on the CMOP for all sides of the property. • Construction fencing shall be 6 feet high.
• Front (and side, when on a corner or curved lot) fencing shall be a minimum of 6 feet from the edge of the improved portion of the roadway (asphalt).
• Existing/permanent fencing may be used; taller existing fencing within the property may be used when permitted through the Building Department.
• Temporary fencing, including cyclone fence panels, may be used.
TOWN OF ATHERTON | BUILDING DEPARTMENT Attachment 2
CMOP Agreement 9/16/26| Town of Atherton Building Department | Page 3 • Vegetation screening 6 feet or higher may serve as visual screening only where site security is maintained by fencing or another secure barrier that prevents access through the vegetation. • Where no fence exists between neighboring properties, screened construction fencing shall be maintained for the duration of the project.
• Fence screening shall be maintained on all sides of the property to shield the jobsite from public view as much as possible.
• Fencing must be kept upright and secured at all times. Screen, mesh, fabric, or other materials used to shield the public view shall always remain intact and complete without rips, tears, frays, or unattached corners/edges.
SECTION 7. Setbacks, Construction Offices/Trailers, and Sanitary Facilities Owner Initials ________ Contractor ________
Side, rear, and front setbacks shall be shown on the CMOP. • Side and Rear Setbacks: Maintain 10 feet from the property line for construction trailers/offices and sanitary facilities. No storage is permitted within side or rear setbacks where the setback abuts a shared property line with a neighbor.
• Front Setback: Maintain a 20-foot setback. Vehicle parking and storage is permitted within the front setback, except sanitary facilities and construction offices/storage trailers, which must remain 20 feet from the front property line, and shall not be located within tree drip lines/tree protection areas. • Sanitary facilities: Shall be located out of neighboring/public views as much as possible, shall not be placed in the PROW, and shall be accessed from a paved or rocked road or driveway. • Where vegetation screening 6 feet or higher shields a sanitary facility or construction office/trailer from public view, alternative placement may be considered by staff on a case-by-case basis.
SECTION 8. General Construction Parking and Public Right-of-Way (PROW) Parking Owner Initials ________ Contractor ________
The CMOP shall identify sufficient parking to accommodate the anticipated number of construction personnel and construction-related vehicles associated with the project. All construction-related parking shall comply with AMC Section
15.40.040, the approved CMOP, and the following requirements. Parking within the public right-of-way (PROW) is permitted only when authorized by the Building Official or designee in accordance with AMC Section 15.40.040. • Designated Construction Parking.
o The CMOP shall identify the location and configuration of all proposed construction-related parking, including on-site parking, authorized PROW parking, and any parking provided through an approved Alternate Parking Plan.
o Construction personnel shall park only within the designated construction parking areas identified in the approved CMOP or Alternate Parking Plan.
o Construction-related vehicles shall not park elsewhere within the surrounding neighborhood for the purpose of circumventing the parking limitations established by the AMC, approved CMOP, or Alternate Parking Plan.
• Construction-Related Vehicles.
o For purposes of these requirements, construction-related vehicles include workers' personal vehicles, contractors' and subcontractors' vehicles, delivery and pickup vehicles, vehicles used to transport construction equipment or materials, and vehicles used for construction activities (e.g., Bobcats, bulldozers, dump trucks, loaders, excavator, backhoe, crane, concrete mixer, etc.). • On-Site Parking.
o On-site construction parking shall be located entirely within the property lines of the construction site and outside all tree protection zones and tree protection fencing. o On-site parking shall be provided and utilized in accordance with the applicable project-size and property-configuration requirements of AMC Section 15.40.040. o Where AMC Section 15.40.040 requires available on-site parking to be utilized before PROW parking, all available approved on-site parking shall be utilized before overflow parking occurs within the PROW. • Parking Surface and Access.
o Designated construction parking areas and access drives shall be rocked where they are not otherwise paved.
o Rocked areas shall be maintained as necessary to provide suitable access and minimize dirt, mud, gravel, and debris from being tracked onto the public roadway. • Carpooling and Transportation Reduction.
TOWN OF ATHERTON | BUILDING DEPARTMENT Attachment 2
CMOP Agreement 9/16/26| Town of Atherton Building Department | Page 4 o Carpooling, vanpooling, and other methods of transportation that reduce construction-related vehicle traffic and parking impacts within the Town are strongly encouraged. o Workers are encouraged to carpool from designated off-site locations when appropriate to reduce construction-related parking impacts.
• Authorized PROW Parking.
o Where construction-related parking within the PROW is authorized under AMC Section 15.40.040, parking shall be limited to the frontage of the construction site and on the same side of the street as the project, unless an Alternate Parking Plan or other arrangement is approved by the Building Official or designee.
o PROW parking shall be limited to the locations, scope of work/square footage, and conditions identified in the approved CMOP or Alternate Parking Plan.
o Passenger vehicles shall be prioritized for authorized PROW parking. Construction vehicles, machinery, and equipment shall be parked or stored on the construction site whenever feasible. o Authorization for PROW parking does not authorize the storage or staging of construction vehicles, equipment, materials, machinery, or other items within the PROW unless separately authorized by the Building Official or designee and any other permit required by the AMC has been obtained. • Vehicle Positioning Within the PROW.
o Construction-related vehicles authorized to park within the PROW shall park parallel to the roadway, in the lawful direction of travel, and in a manner that minimizes encroachment into the traveled portion of the roadway.
o Vehicles shall be positioned so as not to obstruct or interfere with traffic circulation, emergency access, driveways, pedestrian or bicycle travel, drainage facilities, or required sight distance. • Corner Daylighting and Visibility.
o Required corner daylighting and visibility areas shall be maintained clear and unobstructed throughout the duration of construction.
o No construction-related vehicle, equipment, material, or other obstruction shall be placed or maintained in a location that interferes with required visibility at an intersection, driveway, crosswalk, sidewalk, or other area where adequate sight distance is necessary.
o Construction parking shall be arranged to preserve adequate visibility for motorists, bicyclists, and pedestrians.
• Fire Hydrants and Emergency Access.
o Construction-related vehicles shall maintain required clearance from fire hydrants and other emergency facilities.
o Contractors are responsible for maintaining applicable fire and emergency-access requirements and for installing signs or other measures when required by the Town or Fire Department. o For streets designated as Fire Lanes or otherwise necessary for emergency vehicle access, the most restrictive applicable parking and access requirements and restrictions shall apply. o Emergency vehicle access shall be maintained at all times. • Most Restrictive Standard Applies.
o Where multiple parking, roadway-clearance, emergency-access, or safety requirements apply to the same location, the most restrictive applicable requirement shall govern. o Approval of PROW parking through a CMOP or Alternate Parking Plan does not authorize parking or other activity otherwise prohibited by applicable law, the Atherton Municipal Code, or other Town requirements.
• Construction Parking Signs.
o Where PROW parking is authorized, the contractor shall install and maintain Town-approved signs identifying the areas in which construction-related vehicles are permitted to park. o Parking signs shall identify the project address, the telephone number of the qualified superintendent/site safety director, and the following:
“CONSTRUCTION PERSONNEL PARKING ONLY
7:30 A.M. – 5:00 P.M.
TOWN OF ATHERTON | BUILDING DEPARTMENT Attachment 2
CMOP Agreement 9/16/26| Town of Atherton Building Department | Page 5 MONDAY – FRIDAY
EXCLUDING HOLIDAYS”
o Required parking signs shall remain posted, visible, and legible for the duration of the authorized PROW parking and are to be provided at the expense of the contractor/property owner. • Construction Parking Passes.
o Parking passes shall be issued at the contractor's expense for each construction-related vehicle authorized to park within the PROW at the project site or at an approved alternate parking location. o Each authorized vehicle shall display the required Town-issued or Town-approved parking pass while parked in an authorized construction parking area.
o A parking pass authorizes parking only in the location and during the hours approved for the associated construction project.
• Alternate Parking Arrangements.
o When finished landscaping or other site-specific circumstances prevent continued use of required onsite construction parking, an Alternate Parking Plan shall be submitted to and approved by the Building Official or designee before construction personnel utilize an alternate parking location. o The Alternate Parking Plan shall identify the proposed parking location, number of vehicles, and any transportation or traffic-control measures necessary to accommodate the proposed parking. o The Building Official or designee may approve, conditionally approve, or deny an Alternate Parking Plan based on site-specific conditions.
o Any approved alternate parking arrangement shall protect public safety, maintain emergency and residential access, preserve traffic circulation, and minimize impacts upon neighboring properties. • Compliance and Enforcement.
o The property owner and contractor are responsible for ensuring compliance with AMC Section
15.40.040, the approved CMOP, and any approved Alternate Parking Plan. o Parking outside an authorized area or failure to comply with applicable parking, emergency-access, signage, or safety requirements may result in enforcement action, including but not limited to administrative citations, applicable fines, issuance of a Stop Work Order (SWO), and/or legal action as authorized by the Atherton Municipal Code.
o The Town shall not be responsible for costs incurred by the property owner, contractor, subcontractor, or other party resulting from the issuance of a Stop Work Order.
SECTION 9. Special Parking Conditions
Owner Initials ________ Contractor ________
• Parking Near Other Active Construction Projects. When construction-related parking within the PROW conflicts with or overlap parking associated with another active construction project, the availability and allocation of PROW parking shall be evaluated by the Town on a case-by-case basis. The Town reserves all rights to modify previouslyapproved PROW parking if deemed appropriate by the Building Official or designee. The determination shall consider the scope and duration of each project, available roadway and frontage, traffic circulation, emergency access, and applicable Fire Code requirements.
• The Town may impose additional parking restrictions or require an Alternate Parking Plan when necessary to prevent conflicts between active construction projects. Additional procedures for the allocation, designation, and identification of construction parking are addressed in Section ________ SECTION 10. Alternate Parking Plans
Owner Initials ________ Contractor ________
• Off-site private property. When construction parking cannot be accommodated on the subject property, use of other private property requires an Alternate Parking Plan. • Vacant lots. Parking on a vacant lot is not permitted under current zoning regulations. • Cul-de-sacs. Parking limited to the frontage of the subject property may be considered on a case-by-case basis. An Alternate Parking Plan may be required.
• Restricted Parking Areas. When available construction parking is limited due to roadway width, existing parking conditions, traffic circulation, or other site-specific conditions, the Town may require designated construction parking spaces to be temporarily striped, marked, or otherwise visibly identified within the approved property frontage. All construction-related vehicles shall park only within the designated spaces for the duration of the project. Parking TOWN OF ATHERTON | BUILDING DEPARTMENT Attachment 2
CMOP Agreement 9/16/26| Town of Atherton Building Department | Page 6 outside an approved or designated construction parking area may result in administrative citations, a Stop Work Order (SWO), towing, or other applicable enforcement action. • Flag Lots. Construction-related parking on a public street or within the PROW is prohibited for flag-lot construction projects. If all construction-related parking cannot be accommodated on the project site, an Alternate Parking Plan shall be submitted and approved before the CMOP may be approved. At the contractor’s expense, signage shall be installed and maintained at the driveway or construction site entrance clearly stating that construction-related street parking is prohibited. The signage shall remain in place for the duration of the project.
SECTION 11. No-Parking Signs
Owner Initials ________ Contractor ________
• At the discretion of the Police Chief or designee, to protect health and safety, or if the contractor fails to properly implement the CMOP, the Police Chief or designee may require the owner and/or contractor to post no-parking signs along streets at 100-foot intervals for 500 feet on both sides of the street from the project. The signs shall state that parking is prohibited except for residents and their guests as authorized by California Vehicle Code Section 22507.
The owner and/or contractor shall bear the cost of the signs.
SECTION 12. Construction Signage
Owner Initials ________ Contractor ________
• Town issued Signage: A yellow Town construction sign shall be posted at every pedestrian or vehicle Ingress used by workers and shall remain visible until finalization of all open permits. Where a Certificate of Occupancy (COO) has been revoked due to any reason, the sign shall remain in place after issuance of a Temporary Certificate of Occupancy (TCO) until final COO approval and issuance. • Contractor Identification Signage. All contractor identification signage shall comply with the requirements of Atherton Municipal Code Chapter 15.36, including applicable requirements for sign size, location, placement, design, and display.
• Construction site signage for the public must have the following: Site address, permit issue date, permit number, work hours, project description (general), contractor name, contractor license #, Project Manager name, contact #, email, site manager, contact #, email, building department info (official, contact #, name, etc.), Fire Dept info #, Police Dept info #. Construction Sign Standards sheet in the Permit Issuance Packet.
SECTION 13. Site Safety Director
Owner Initials ________ Contractor ________
• The Site Safety Director’s name and phone number shall be listed on the construction sign. • Site Safety Director is an individual designated by owner or contractor responsible for managing the site safety plan, enforcing construction and fire-safety provisions, enforcing construction parking requirements, monitoring site emergencies, ensuring hazard compliance, and executing the written Site Safety Plan. • Site Safety Director (or an Assistant Site Safety Director approved by the Building Official or designee) must be on site at all times during construction activity. Failure to have Site Safety Director or Assistant Site Safety Director on site may result in a SWO.
SECTION 14. Debris Boxes, Construction Material Storage, and Waste Management Owner Initials ________ Contractor ________
• When a debris box is used for construction and demolition (C&D) activities, it shall be issued by GreenWaste and located entirely on private property, outside the public ROW, with access from a paved or rocked road or driveway, per requirements of AMC Chapter 18.
• An on-site area shall be designated for construction material storage and shown on the CMOP. Storage shall not be located within tree drip lines/tree protection areas or in prohibited side/rear setback areas described above. • Waste not associated with construction and demolition shall be stored in closed or covered trash, recycling, or yardwaste bins issued by GreenWaste for the subject property. Bins shall be placed at the curb no earlier than 24 hours before collection and shall be removed no later than 24 hours after collection. • All properties in Atherton are required to follow the GreenWaste regulations in AMC Chapter 18. • Site Security and Cleanliness. Construction sites shall be maintained in a clean, safe, and orderly condition throughout the duration of the project. Construction-related debris, waste, dirt, materials, and other items visible from or located within the PROW shall be removed or properly contained on a daily basis and prior to the close of construction activities each day.
• The construction site shall be secured at the end of each workday and whenever the site is unattended. Where gates or other controlled access points are provided, they shall be closed and locked to prevent unauthorized access. Construction materials, tools, equipment, and debris shall be appropriately stored or secured and shall not obstruct or encroach into the PROW unless specifically authorized by the Town. • Authorized Town Access. For the duration of the project, current gate access codes, lock combinations, and other reasonably necessary information to access secured areas of the construction site shall be provided to the Atherton TOWN OF ATHERTON | BUILDING DEPARTMENT Attachment 2
CMOP Agreement 9/16/26| Town of Atherton Building Department | Page 7 Police Department and Building Department. Such access information shall be used only by authorized Town personnel acting within the scope of their official duties, including inspections, code enforcement, emergency response, and other lawful Town functions related to the property or construction project. • Providing access information does not authorize entry for purposes unrelated to official Town business. Any change to a gate code, lock combination, or other access method shall be promptly provided to both departments to ensure that authorized Town personnel maintain necessary access for the duration of the project.
SECTION 15. Clean-Up Area and Best Management Practices Owner Initials ________ Contractor ________
• When concrete forms or trucks, paint brushes, plastering tools, or similar equipment are cleaned on-site, the CMOP shall identify a designated clean-up area and the area shall be posted with appropriate signage. The clean-up area shall not be located beneath a tree canopy or within a proposed planting area. Runoff shall be contained, and waste shall be managed and disposed of in accordance with Best Management Practices (BMPs) acceptable to the Regional Water Quality Control Board.
SECTION 16. Construction Deliveries, Traffic, Servicing, and Site Access Owner Initials ________ Contractor ________
The following standards apply to construction-related deliveries, pick-ups, truck movements, worker arrivals, servicing, traffic control, and use of the PROW:
• Hours of Operation.
o Construction activities, deliveries, pick-ups, and servicing of on-site facilities or equipment, including debris boxes and sanitary facilities, shall occur only Monday through Friday, between 8:00 a.m. and 5:00 p.m.
o Activity outside of these days or hours is prohibited unless expressly authorized by an approved Exemption Permit.
• Worker Arrival and Pre-Job Parking.
o Workers and other construction-related personnel shall not arrive at the project site or park, wait, assemble, or stage at or near the project site before 7:30 a.m. o Limited temporary pre-job parking may be available at designated Town facilities, including the Town Center and Holbrook-Palmer Park, for workers who arrive before 7:30 a.m. o Town facilities may be used only for temporary pre-job parking while workers wait to proceed to the construction site.
o Town facilities shall not be used for all-day construction parking, construction vehicle or equipment storage, material loading or transfer, or as an alternative to required on-site or approved off-site construction parking.
o Use of Town facilities is subject to availability and any posted restrictions. • Approved Site Access and Traffic Control.
o Construction deliveries, pick-ups, truck movements, and servicing shall use the access location or route identified in the approved CMOP.
o Appropriate traffic-control measures shall be provided whenever necessary to safely accommodate construction-related vehicle movements.
o Traffic-control measures may include signs, cones, delineators, barricades, flaggers, or other appropriate devices.
o Emergency access and safe passage for motorists, bicyclists, and pedestrians shall be maintained at all times.
• Delivery, Pick-Up, and Servicing Operations.
o Vehicles delivering or picking up construction materials, supplies, equipment, machinery, debris, or other construction-related items shall be loaded and unloaded entirely on the construction site whenever feasible.
o Loading, unloading, or servicing within the PROW is permitted only when authorized by the Town and shall comply with the approved CMOP, applicable permits, and required traffic-control measures. o Delivery, pick-up, and service vehicles shall not arrive at, park, wait, queue, or stage at or near the construction site before 8:00 a.m.
o All delivery, pick-up, and servicing operations shall be completed, and associated vehicles shall depart the construction site, no later than 5:00 p.m., unless otherwise authorized by an approved Exemption Permit.
• No Vehicle Staging in the PROW.
TOWN OF ATHERTON | BUILDING DEPARTMENT Attachment 2
CMOP Agreement 9/16/26| Town of Atherton Building Department | Page 8 o Staging, queuing, or waiting by delivery, pick-up, service, or other construction-related commercial vehicles on a public street or within the PROW is prohibited at all times. o Surrounding streets and residential neighborhoods shall not be used as waiting or staging areas for vehicles awaiting access to the construction site.
• Vehicle Idling.
o Engines of delivery, pick-up, and service vehicles shall be shut off upon arrival and shall remain off during loading, unloading, or servicing unless engine operation is reasonably necessary to perform the activity.
o Engine operation is permitted when necessary for the functional operation of specialized equipment or to maintain the viability of transported materials, including concrete mixer trucks. o Engines shall not be operated longer than reasonably necessary for the permitted purpose. • Roadway and PROW Cleanliness.
o Streets and public rights-of-way adjacent to or affected by construction shall be maintained in a clean, safe, and unobstructed condition.
o Dirt, mud, gravel, debris, nails, screws, and other construction-related materials or hazards deposited or tracked into the roadway or PROW shall be removed promptly. o At a minimum, all construction-related debris and hazards shall be removed from the roadway and PROW by the close of construction activities each day.
• Storage and Equipment in the PROW.
o Construction materials, equipment, machinery, lifts, vehicles, debris boxes, storage containers, or similar items shall not be stored, staged, or left within the PROW unless specifically authorized by the Town.
o When PROW use is approved, any permit, placard, notice, or other authorization required by the Town shall be conspicuously posted or displayed at the construction site for the duration of the approved use. o No approved use of the PROW shall obstruct or unreasonably interfere with emergency access, traffic circulation, pedestrian or bicycle travel, drainage, driveway access, required sight distance, or other lawful use of the PROW.
• Responsibility for Compliance.
o The property owner and contractor are responsible for scheduling and coordinating worker arrivals, deliveries, pick-ups, servicing, truck movements, parking, and use of the PROW in accordance with the approved CMOP and these requirements.
o The contractor shall communicate applicable construction hours, arrival times, access, staging, parking, traffic-control, and PROW requirements to workers, subcontractors, vendors, suppliers, haulers, and service providers before they arrive at the construction site.
SECTION 17. Notes Required on the CMOP Sheet Submittal
Owner Initials ________ Contractor ________
At minimum, include the following notes on the CMOP:
• Construction, inspections, deliveries/pick-ups, and servicing of any item on-site shall be permitted only Monday through Friday, from 8:00 a.m. to 5:00 p.m.
• No work or site access of any nature, including but not limited to hauling or heavy equipment activity, shall be permitted on Saturdays, Sundays, or holidays.
• This restriction includes, but is not limited to, site visits by realtors, property owners or their guests, and cleaning crews until the TCO/COO is approved and issued by the Building Official. • All construction personnel shall park only in areas approved by the CMOP and shall comply with tree-protection, setback, ROW, and alternate-parking requirements.
• All approved construction entrances, fencing/screening, Heritage Trees and tree protection, parking areas, storage areas, sanitary facilities, debris boxes, clean-up areas, and required signage shall be maintained for the duration required by the approved CMOP.
SECTION 18. Exemption Permits for Construction Activity Outside Permitted Hours Owner Initials ________ Contractor ________
Construction-related activity outside of otherwise permitted construction days or hours requires an approved Exemption Permit, except for qualifying emergency work as provided below. • Issuing Authority.
TOWN OF ATHERTON | BUILDING DEPARTMENT Attachment 2
CMOP Agreement 9/16/26| Town of Atherton Building Department | Page 9 o Where appropriate and at its discretion, the Atherton Police Department may issue Exemption Permits for construction-related activity outside of permitted construction days or hours. o Exemption Permits may be approved, conditionally approved, or denied based on the circumstances of the request.
• Application.
o Applications shall be submitted to the Code Enforcement Division. o Applications may be submitted by email or in person by appointment only. o A complete application for planned work shall be submitted no less than seventy-two (72) hours before the proposed start of the work.
o The application shall be accompanied by the applicable Exemption Permit fee established by the Town's current fee schedule.
o Applicants shall comply with all application procedures, required information, and instructions contained on the Town's Exemption Permit application form.
o An application is not an authorization to perform work outside of otherwise permitted construction days or hours . The Exemption Permit must be approved before the specially-requested construction-related activity begins.
• 300-Foot Property Notification.
o For planned work, the contractor shall provide advance notification to all properties located within three hundred (300) feet of the property line of the construction site. Additionally, the approved permit shall be posted at the entrance of the job site for the public to view. o The notice shall include, at a minimum:
▪ Construction site address;
▪ Date of the exempted work;
▪ Approved hours of work;
▪ General description of the work or activity; and
▪ Name and telephone number of the contractor or other responsible contact person. o Required notification shall be completed before commencement of the exempted work and in accordance with any additional instructions contained on the Exemption Permit application or provided by the Code Enforcement Division.
o The Town may require documentation demonstrating that the required notification was completed. • After-Hours or Staff-Unavailable Approval.
o When Code Enforcement staff are unavailable, the Atherton Police Department Watch Commander or Sergeant is authorized to review and approve an Exemption Permit. o Such applications may be submitted in person at the Atherton Police Department public counter. o Applications submitted through the Watch Commander or Sergeant remain subject to all applicable permit requirements, fees, advance-submittal requirements for planned work, and neighborhoodnotification requirements. • Conditions of Approval.
o The Town may impose reasonable conditions on an Exemption Permit to protect public safety and minimize impacts to surrounding properties.
o Conditions may address:
▪ Dates and hours of work;
▪ Type or scope of activity;
▪ Equipment and vehicles;
▪ Deliveries and pick-ups;
▪ Parking and staging;
▪ Traffic control;
▪ Site access;
▪ Noise-generating activity;
▪ Neighborhood notification; and
▪ Other site-specific measures determined necessary by the Town. • Scope of Permit.
o An Exemption Permit authorizes only the specific date, hours, activity, and conditions stated in the approved permit.
o Approval does not authorize unrelated construction-related activity outside of permitted hours. o Approval of one Exemption Permit does not constitute or guarantee approval of any subsequent request.
TOWN OF ATHERTON | BUILDING DEPARTMENT Attachment 2
CMOP Agreement 9/16/26| Town of Atherton Building Department | Page 10 o Activity outside the scope, date, hours, or conditions of the approved permit constitutes unauthorized construction-related activity.
• Emergency Work.
o Construction-related activity necessary to address an immediate threat to life, safety, property, essential utilities, or public infrastructure may occur outside permitted construction hours when delaying the work to obtain prior approval would increase or prolong the emergency condition. o The property owner or contractor shall notify the Atherton Police Department as soon as reasonably practical.
o Emergency work shall be limited to that reasonably necessary to address, stabilize, and abate the emergency condition and shall comply with any direction provided by authorized Town personnel.
AGREEMENT ACKNOWLEDGMENT AND SIGNATURES
By signing below, each undersigned party acknowledges that they have reviewed the approved Construction Management and Operations Plan, understand the requirements applicable to the project, and agree to the responsibilities assigned to them under the CMOP and applicable Town requirements. The Property Owner and Contractor agree to implement, maintain, and comply with the approved CMOP for the duration of construction. The Town signature documents approval/acceptance of the CMOP in its official capacity and does not waive or modify applicable law or permit requirements.
Project Address ____________________________________________ Building Permit No. ____________________________________________ CMOP Approval Date ____________________________________________
PROPERTY OWNER
Printed Name: ____________________________________________ Signature: ____________________________________________ Date: ____________________________________________
CONTRACTOR / GENERAL CONTRACTOR
Company: ____________________________________________
Printed Name / Title: ____________________________________________ CSLB License No.: ____________________________________________ Signature: ____________________________________________ Date: ____________________________________________
TOWN OF ATHERTON
Authorized Representative: ____________________________________________ Title: ____________________________________________
Signature: ____________________________________________ Date: ____________________________________________