Item No. 11
Town of Atherton
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CITY COUNCIL STAFF REPORT – PUBLIC HEARING
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: FRED LUSTENBERGER, BUILDING OFFICIAL
LISA-MARIE DALEY, CODE ENFORCEMENT OFFICER
DATE: SEPTEMBER 16, 2026
SUBJECT: CONDUCT THE PUBLIC HEARING AND INTRODUCE FOR
FIRST READING, BY TITLE ONLY, AN ORDINANCE
AMENDING ATHERTON MUNICIPAL CODE SECTION 15.40.152,
"CONSTRUCTION MANAGEMENT AND OPERATIONS PLAN
(CMOP); REVIEW AND APPROVE THE STANDARD TEMPLATE
FOR THE CMOP AGREEMENT; AND FEEDBACK REGARDING
ADDITIONAL AMENDMENTS TO CHAPTER 15.40,
"CONSTRUCTION REGULATIONS", AND RECODIFICATION
OF CONSTRUCTION TIME LIMIT (CTL) REGULATIONS AS
NEW CHAPTER 15.41
RECOMMENDATION
Staff recommends that the City Council: (1) conduct the Public Hearing and introduce for first reading an ordinance amending Atherton Municipal Code (AMC) Section 15.40.152, Construction Management and Operations Plan (CMOP); (2) review and approve a standard template for the CMOP Agreement for full-site and other large-scale construction projects, and (3) provide feedback regarding additional amendments to Chapter 15.40, "Construction Regulations", and the recodification of the Construction Time Limit (CTL) regulations as a separate Chapter 15.41.
If the City Council has substantive changes to Chapter 15.40.152 or needs additional time for review, staff recommends the City Council continue the public hearing to the October 7, 2026 meeting.
BACKGROUND
On June 3, 2026, the City Council held a Study Session to discuss ways to better manage and mitigate the cumulative impacts of multiple ongoing and projected construction projects within the Town. Council directed staff to strengthen the Town's Construction Operations Plan (COP), with particular attention to construction vehicle parking, site cleanup and maintenance, neighbor CMOP / AMC Section 15.40.152
September 16, 2026
Staff Report Construction Mitigation/CMOP
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outreach and timely notification of project milestones and disruptive operations, and more effective enforcement tools and protocols. Council also directed staff to review practices used by nearby jurisdictions and consider whether those practices could be adapted to Atherton.
On July 21, 2026, staff held a stakeholder meeting at Town Hall attended by approximately 50 representatives of construction firms, owner/builders, residents, and staff, engaged in projects within Atherton. Staff sought feedback regarding the proposed construction management requirements and their practical effect on construction operations. Common themes included improved communication with neighbors, identification and posting of a responsible 24/7 site contact, mandatory daily site and frontage cleanup, practical “common sense” parking requirements and carpooling when possible, and clearer enforcement mechanisms, including increased administrative fines for violations, and Stop Work Orders when appropriate.
ANALYSIS
The September 16, 2026, meeting includes two actions for Council approval and a separate request for feedback regarding potential additional amendments to Chapter 15.40 and adding Chapter
15.41 of the Atherton Municipal Code.
First, staff is requesting introduction for first reading of an ordinance amending AMC Section
15.40.152 to establish the regulatory framework for requiring, reviewing, approving, implementing, and enforcing a Construction Management and Operations Plan (CMOP) (CMOP Ordinance – Attachment #1).
Second, staff is requesting Council approval of a standard template for the Construction Management and Operations Plan Agreement (CMOP Agreement – Attachment #2).
Lastly, staff is seeking Council feedback regarding additional amendments to Chapter 15.40, "Construction Regulations" and the proposed recodification of the Town's Construction Time Limit (CTL) provisions as a separate Chapter 15.41. Staff will highlight these issues as they arise during discussion but will bring the ordinances back at a future date for updates. They are not included here.
Section 15.40.152 and the CMOP Guidelines: The proposed amendment to Section 15.40.152 provides that a CMOP is required for construction projects when its scope of work is identified in a matrix accompanying this Staff Report as requiring CMOP review, or when otherwise required by the Building Official. The Building Department will maintain and make available the applicable list of scopes of work. When required, the CMOP will be submitted as part of the construction plans, reviewed and approved by the Building Official or designee, and made part of the approved construction documents and conditions of the building permit. • The CMOP is the project-specific plan. The Council-approved standard template CMOP Agreement provides the governing standards for how construction management and site operations are to be conducted when a CMOP is required. Together, the approved projectspecific CMOP and the CMOP Agreement will operate as an agreement among the Town, the property owner/developer, and the contractor identified on the permit. The owner/developer CMOP / AMC Section 15.40.152
September 16, 2026
Staff Report Construction Mitigation/CMOP
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and contractor will be required to acknowledge and comply with those requirements as a condition of permit issuance and for the duration of the project until finalization of the applicable permit. Failure to comply may result in enforcement under the AMC, including administrative citations, applicable fines, and/or a Stop Work Order where authorized. • The CMOP Agreement does not supersede Chapter 15.40 or any other applicable provision of the Atherton Municipal Code. Rather, the Agreement implements and supplements the Town's construction regulations. In the event of a conflict, the Atherton Municipal Code and other controlling law will govern.
o The proposed CMOP Agreement addresses construction parking and traffic management, site access and security, site cleanliness, tree protection, construction signage, deliveries and servicing, neighbor outreach and notification, responsible site personnel, and compliance and enforcement. Selected policy areas are summarized below.
• Construction Site Parking: Construction-related parking remains a significant source of neighborhood concern. The proposed CMOP Agreement establishes more detailed requirements for identifying and managing on-site parking, approved public right-of-way (PROW) parking, parking signage and placards, alternate parking arrangements, and emergency access. The Agreement prioritizes on-site parking and requires construction-related vehicles to park only in locations authorized by the approved CMOP or an approved Alternate Parking Plan.
o Identifying certain tight-access streets, such as some cul-de-sacs, as “Fire Lanes” severely limiting or, in some cases, prohibiting on-street parking in these locations. o Aligning on-street parking limitations with the Construction Time Limits Building Permit Valuation Table contained in Section 15.40.180 of the AMC, prohibiting on-street parking for projects classified as 2,000 square feet or less unless granted an exemption by staff for extenuating circumstances.
The parking standards are intended to require project teams to plan for parking demands before and throughout construction, reduce unnecessary neighborhood impacts, preserve traffic and emergency access, and provide clearer standards for enforcement. Depending on site conditions, contractors may need to use carpooling, vanpooling, approved alternate parking arrangements, or project phasing to reduce construction-related parking impacts. Staff recognizes that these requirements may result in additional project costs at sites with limited on-site parking or constrained access.
• Construction Signage and Site Safety: The proposed standard template CMOP Agreement continues to require Town issued construction signage at project entrances and require contractor identification signage to comply with applicable Town requirements. The CMOP Agreement also requires signage that provides superintendent/site safety director contact information or other responsible site representative as a primary project contact, and assigns CMOP / AMC Section 15.40.152
September 16, 2026
Staff Report Construction Mitigation/CMOP
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responsibility for maintaining site safety, parking compliance, emergency coordination, and other construction management requirements applicable to the project.
Neighbor Outreach and Notification: Staff experience and stakeholder feedback indicate that timely communication with nearby residents can reduce construction-related conflicts and complaints. The proposed CMOP Agreement establishes notification requirements intended to provide affected neighbors with information regarding project contacts, anticipated schedules, major project milestones, disruptive operations, and other activities that may affect access or the reasonable use and enjoyment of neighboring properties. • The CMOP Agreement establishes project notification requirements based on the type of activity and affected area. Required notices identify the construction site, applicable dates and hours, the nature of the activity, and responsible project contact information. Certain planned activities and exemption requests require advance notice to affected properties. These requirements are intended to provide predictable communication standards while allowing staff to address site-specific or time-sensitive circumstances consistent with the approved CMOP and applicable Town requirements.
• Compliance and Enforcement: The CMOP Agreement is intended to provide clear, enforceable operating standards for projects requiring a CMOP. Because the approved CMOP and the CMOP Agreement are made part of the conditions of the building permit, failure to comply may result in enforcement action under the AMC. Available remedies may include warnings where appropriate, administrative citations and applicable fines, and Stop Work Orders when authorized by the Building Official or other applicable authority.
The CMOP Agreement is intended to support consistent and progressive enforcement while preserving staff discretion appropriate to the circumstances of each violation.
ENVIRONMENTAL ANALYSIS
The approval of this Ordinance and corresponding template CMOP Agreement are 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. This Ordinance and corresponding Agreement are further exempt pursuant to section 15332.
COUNCIL ACTION AND DIRECTION REQUESTED
At the September 16 meeting, staff requests that Council: (1) introduce for first reading the amendment to AMC Section 15.40.152; (2) approve the standard template CMOP Agreement; and (3) provide staff with feedback regarding broader Chapter 15.40 amendments and proposed Chapter 15.41 CTL recodification.
Staff welcomes Council questions and policy direction on the draft ordinance provisions.
CMOP / AMC Section 15.40.152
September 16, 2026
Staff Report Construction Mitigation/CMOP
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POLICY FOCUS
While developing the proposed standard template CMOP Agreement and related ordinance concepts, staff reviewed approaches used by other local jurisdictions to manage the impacts of large-scale residential construction. The Town of Hillsborough and City of Belvedere were identified as useful comparables because both regulate substantial residential construction activity and use construction management requirements addressing parking, site operations, responsible personnel, neighborhood impacts, and enforcement. An Alternative/Criterion Matrix (Attachment #5) compares Atherton's current approach with practices in those jurisdictions using criteria including enforceability, effectiveness, feasibility, community support, and fiscal impacts.
Hillsborough requires qualifying projects to submit a construction management plan addressing matters such as construction phasing, parking, material and vehicle storage, portable facilities, dust control, deliveries, and responsible site personnel. Its approach emphasizes on-site construction parking, advance neighbor notification, and escalating enforcement when permit conditions are repeatedly violated.
• On-site parking is prioritized unless an alternate arrangement is approved. • Advance neighbor notification is required for specified construction activity. • Repeated noncompliance may result in additional inspection or enforcement measures.
Hillsborough staff reported that Stop Work Orders are an important compliance tool when violations are not corrected after warnings. Staff considered this approach when developing the proposed CMOP Agreement and the broader Chapter 15.40 enforcement amendments.
Belvedere similarly relies on project-specific staging, parking, and materials plans and places substantial emphasis on controlling construction parking, identifying project-associated vehicles, maintaining responsible on-site supervision, and using Stop Work Orders as an enforcement tool when necessary.
• Construction parking is limited and project-associated vehicles are identified. • Project plans identify parking, material storage, and equipment operations. • Responsible on-site supervision is required during construction activity.
Belvedere staff described its construction management requirements as effective and enforceable, with Stop Work Orders serving as a significant compliance mechanism. These practices informed staff's evaluation of potential revisions to Atherton's CMOP and broader construction regulations.
The comparison with Hillsborough and Belvedere supports several themes reflected in the proposed standard CMOP Agreement: prioritizing on-site parking, clearly identifying authorized construction parking, establishing responsible site contacts, improving neighborhood communication, and providing meaningful enforcement tools.
The broader Chapter 15.40 amendments that staff will propose will address the regulatory provisions necessary to support these operational standards. Staff will also propose to separate the Town's CTL provisions from Chapter 15.40 and recodify them as Chapter 15.41, allowing CMOP / AMC Section 15.40.152
September 16, 2026
Staff Report Construction Mitigation/CMOP
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construction operations requirements and construction time-limit requirements to be administered as distinct chapters. This will ensure that all of the amendments tie together across the Code and will make the Code more readable.
FISCAL IMPACT
Staff anticipates that introduction of the Section 15.40.152 amendment, approval of the standard template CMOP Agreement, and introduction of an ordinance amending Chapter 15.40 of the Atherton Municipal Code will not result in significant additional net costs to the Town. These actions are intended to improve administration and enforcement of existing construction regulations.
ATTACHMENTS
1. Proposed ordinance amendment to AMC Section 15.40.152, Construction Management and Operations Plan (CMOP) - introduction and first reading
2. Standard template agreement for the Construction Management and Operations Plan (CMOP Agreement)
3. Alternative/Criterion Matrix
4. Scope of Work CMOP Requirement Matrix (Used in Building Review)
5. Standard Parcel CMOP Sample (Used for CMOP Plan Review)
6. Flag Lot CMOP Sample (Used for CMOP Plan Review)