AGENDA PACKET
Town of Atherton
City Council
OCTOBER 07, 2026
SPECIAL MEETING – STUDY SESSION
3:30 PM
Council Chambers
80 Fair Oaks Lane
Atherton, CA 94027
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SPECIAL MEETING STUDY SESSION
ROLL CALL – Lane, Lewis, Widmer, Vice Mayor DeGolia, Mayor Holland PUBLIC COMMENT – Public Comments can be emailed directly to [email protected]
As a Special Meeting, this portion of the meeting is reserved for persons wishing to address the Council on any matter on the Agenda. Speakers’ time is limited to three minutes. Speakers may also speak when the item appears on the Agenda during the meeting. State law prohibits the Council from acting on items not listed on the Agenda except by special action of the City Council under specified circumstances. The Mayor may, at the Mayor’s discretion, restrict or grant additional speaker time based on such considerations as agenda length, number of speakers, complexity of the item, or looming threat of loss of quorum. Please refer to the footnote at the end of the posted agenda for additional notice regarding public comments.
ACTION ITEMS
PUBLIC HEARING
1. CONTINUE 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)
CEQA: EXEMPT FROM CEQA PURSUANT TO GUIDELINE SECTION 15309 AND 15332
Report: FRED LUSTENBERGER, BUILDING OFFICIAL
LISAMARIE DALEY, CODE ENFORCEMENT OFFICER
Meeting Agenda Packet – October 07, 2026
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agenda for additional notice regarding public comments.
ACTION ITEMS
PUBLIC HEARING
1. CONTINUE 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)
CEQA: EXEMPT FROM CEQA PURSUANT TO GUIDELINE SECTION 15309 AND 15332
Report: FRED LUSTENBERGER, BUILDING OFFICIAL
LISAMARIE DALEY, CODE ENFORCEMENT OFFICER
Recommendation: Staff recommend that the City Council continue the Public Hearing from September 16, 2026, an ordinance amending Atherton Municipal Code (AMC) Section
15.40.152, Construction Management and Operations Plan (CMOP).
Description: This item concerns a continued public hearing on an Ordinance amending the Atherton Municipal Code Section 15.40.152. “Construction Management Operations Plan”
2. 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. CEQA: EXEMPT FROM CEQA PURSUANT TO GUIDELINE SECTION 15309 AND 15332
Report: FRED LUSTENBERGER, BUILDING OFFICIAL
LISAMARIE DALEY, CODE ENFORCEMENT OFFICER
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.”
Description: This item concerns the first reading a potential ordinance that would recodify existing portions of the Atherron Municipal Code governing Construction Regulations (15.40) into a new section specific to Construction Time Limits (15.41) STUDY SESSION
COUNCIL REPORTS/COMMENTS
ADJOURN
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If you challenge a Town zoning, planning, or any other decision in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this agenda, or in written correspondence delivered to the Town at, or prior to, the public hearing. Judicial review of any Town administrative decision may be had only if a petition is filed with the court not later than the 90th day following the date upon which the decision becomes final. Judicial review of environmental determinations may be subject to a shorter time period.
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Meeting Agenda Packet – October 07, 2026
CMOP / AMC Section 15.40.152
October 7, 2026
Item No. 1 Town of
Atherton
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: CONTINUE 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)
RECOMMENDATION
Staff recommend that the City Council continue the Public Hearing from September 16, 2026, an ordinance amending Atherton Municipal Code (AMC) Section 15.40.152, Construction Management and Operations Plan (CMOP).
BACKGROUND
This is a continued reading, from September 16, 2026, Council Meeting, of an ordinance amendment of the Atherton Municipal Code that revises the requirements and adds regulatory authority to Chapter 15.40.152 of the Code regarding the Construction Operations and Parking Plan Guidelines. Per Council direction, certain verbiage alterations, additions, or deletions have been made to the CMOP Agreement, including definitions for substantial remodel, full-site development, minor interior alteration, addition, and demolition that have been added to the Scope of Work requiring a CMOP Guidelines/Matrix (attachment 4).
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 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
CMOP / AMC Section 15.40.152
October 7, 2026
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.
The September 16, 2026, meeting included 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 requested 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 requested Council approval of a standard template for the Construction Management and Operations Plan Agreement (CMOP Agreement – Attachment #2).
As part of the continued Public Hearing, staff will walk through the changes made in response to Council comments at the September 16 meeting.
ANALYSIS
The following is a high-level summary included from the prior Staff Report.
Section 15.40.152 and the CMOP Guidelines: The proposed amendments to Section 15.40.152 provide 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 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
CMOP / AMC Section 15.40.152
October 7, 2026
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 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.
CMOP / AMC Section 15.40.152
October 7, 2026
• 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
Staff recommend that the Council introduce for first reading the amendment to AMC Section 15.40.152 and approve the standard template CMOP Agreement.
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.
CMOP / AMC Section 15.40.152
October 7, 2026
• 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 construction operations requirements and construction time-limit requirements to be administered as distinct chapters. This will ensure that all 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)
2. Standard template agreement for the Construction Management and Operations Plan (CMOP Agreement)
3. Alternative/Criterion Matrix
CMOP / AMC Section 15.40.152
October 7, 2026
4. Scope of Work CMOP Guidelines/Matrix
5. Standard Parcel CMOP Sample (Used for CMOP Plan Review)
6. Flag Lot CMOP Sample (Used for CMOP Plan Review)
ORDINANCE NO. ___
AN ORDINANCE OF THE CITY COUNCIL OF THE TOWN OF ATHERTON AMENDING SECTION 15.40.152 OF THE ATHERTON MUNICIPAL CODE
REGARDING THE CONSTRUCTION MANAGEMENT AND OPERATIONS PLAN WHEREAS, on June 3, 2026, the City Council held a Study Session where it discussed and gave directions to staff on ways to better manage and mitigate the various negative impacts of multiple ongoing and projected large-scale construction projects within the Town by strengthening the existing Construction Operations and Parking Plan in Section 15.40.152 of the Atherton Municipal Code.
WHEREAS, on July 21, 2026, a Stakeholder’s Meeting was held with contractors, staff, residents, property owners, and developers to obtain feedback and suggestions on how to best manage the negative impacts resulting from their construction operations, and how they perceived some of the Town staff’s proposed processes and procedures would affect them.
WHEREAS, on September 16, 2026, the City Council held a duly noticed public hearing as prescribed by law to introduce and consider the first reading of the amendment of Section
15.40.152 of the Atherton Municipal Code, and receive public comment.
WHEREAS, on October 7, 2026, the City Council held a duly noticed public hearing as prescribed by law to consider the second reading of the amendment of Section 15.40.152 of the Atherton Municipal Code, and receive public comment.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the Town of Atherton that Section 15.40.152 of the Atherton Municipal Code shall be hereby amended, based on the findings, supported by substantial evidence in the record, as follows:
The City Council of the Town of Atherton does hereby ordain as follows:
SECTION 1. RECITALS. The recitals set forth above are true and correct and are hereby incorporated herein by this reference as if fully set forth in their entirety.
SECTION 2. AMENDMENT TO CODE. Section 15.40.152, "Construction Management and Operations Plan (CMOP)", is hereby amended to the Atherton Municipal Code to read as follows:
15.40.152 Construction Management and Operations Plan (CMOP).
A. If the proposed project is identified by its scope of work through a matrix accompanying the Construction Management and Operations Plan (CMOP), or when otherwise required by the Building Official based upon the nature, scope, location, or anticipated construction operations
of the project, the property owner or developer and/or the contractor identified on the applicable building permit application shall prepare and submit a CMOP to the Building Department. The Building Department shall maintain and make available a list of scopes of work requiring a CMOP.
B. When required, the CMOP shall be included with the initial construction plan submittal as a separate, dedicated plan sheet and shall address all applicable requirements of the CMOP Agreement adopted by the City Council. If the requirement for a CMOP is identified during plan review, the CMOP shall be submitted prior to permit issuance.
C. The CMOP shall be reviewed and approved by the Building Official or designee and shall become part of the approved construction documents and the condition of the applicable building permit.
D. When a CMOP is required, the provisions in the CMOP Agreement and the specific CMOP approved for the project shall constitute an agreement between the Town, the property owner or developer, and the contractor identified on the applicable building permit regarding the management and operation of the construction site. The property owner or developer and contractor shall acknowledge and agree to comply with the approved CMOP and the CMOP Agreement prior to issuance of the building permit.
E. The approved CMOP and CMOP Agreement shall be binding conditions of the building permit and shall be implemented, maintained, and complied with for the duration of the project until the applicable building permit has been finalized by the Town. A change in property ownership, contractor, or other responsible party shall not terminate or otherwise relieve the project of compliance with the approved CMOP or the CMOP Agreement . The Building Official or designee may require acknowledgment of the CMOP and the CMOP Agreement by a successor property owner, developer, or contractor as a condition of continued construction activity.
F. The Building Official or designee may require revisions to an approved CMOP based on changes in site or surrounding area conditions, project phasing, scope of work, construction operations, or other conditions affecting the management, safety, or operation of the construction site. Any required revision shall become part of the approved CMOP and shall be subject to the same requirements and conditions as the original approval.
G. Nothing in an approved CMOP or the CMOP Agreement shall supersede, replace, waive, or modify any requirement of this Chapter, the Atherton Municipal Code, or other applicable law.
In the event of a conflict or inconsistency, the applicable provisions of the Atherton Municipal Code or other controlling law shall govern.
H. Failure to comply with the approved CMOP or the CMOP Agreement constitutes a violation of the conditions of the building permit and may result in enforcement action as authorized by
this Chapter and the Atherton Municipal Code, including but not limited to administrative citations, applicable fines, and/or issuance of a Stop Work Order.
SECTION 3: SCOPE. Except as set forth in this Ordinance, all other provisions of the Atherton Municipal Code shall remain in full force and effect.
SECTION 4: SEVERABILITY. The City Council hereby declares it would have passed this Ordinance sentence by sentence, paragraph by paragraph, and section by section, and does hereby declare that any provision in the Ordinance severable and, if for any reason any sentence, paragraph, or section of this Ordinance shall be held invalid, such decision shall not affect the validity of the remaining parts of this Ordinance.
SECTION 5: NO MANDATORY DUTY. This Ordinance is not intended to and shall not be construed or given effect in a manner that imposes the City or other officer or employee thereof a mandatory duty of care towards persons and property within or without the City, so as to provide a basis of civil liability for damages, except as otherwise imposed by law.
SECTION 6: EFFECTIVE DATE. This Ordinance shall be posted in at least three public places according to law and shall take effect and be in force from and after 30 days after its passage and adoption.
Introduced on the 7th of October 2026.
Passed and adopted as ordinance of the City Council of the Town of Atherton at a regular meeting thereof held on the ___ day of ___ 2026 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
______________________________
STACY HOLLAND, MAYOR
ATTEST:
_____________________________
ANTHONY SUBER, CITY CLERK
TOWN OF ATHERTON | BUILDING DEPARTMENT Attachment 2CONSTRUCTION MANAGEMENT AND
OPERATIONS PLAN (CMOP) AGREEMENT
CMOP Agreement 9/16/26| revised 10/2026 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.:.(s):
Property Owner:(s): __________________________________ _______________________________________ Contractor:(s): ____________________________________ _______________________________________ 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.
• Prior to the transfer, sale, or conveyance of Property, Property Owner shall provide at least 30-days advance written notice to the purchaser of the Property of this CMOP and the new property owner’s requirement to enter into a new CMOP.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, and Applicability – Construction Management and Operations Plan (AMC 15.40.152)
Owner Initials ________ Contractor ________
TOWN OF ATHERTON | BUILDING DEPARTMENT Attachment 2CONSTRUCTION MANAGEMENT AND
OPERATIONS PLAN (CMOP) AGREEMENT
CMOP Agreement 9/16/26| revised 10/2026 Town of Atherton Building Department | Page 2 Purpose.
The Construction Management and Operations Plan (CMOP) establishes project-specific construction management requirements and shall be submitted reviewed and approved 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, when required, the CMOP Agreement shall become part of the approved construction documents and the public record.
Submittal Instructions/Requirements.
• The CMOP shall be provided on a separate sheet titled “CMOP” and listed in the permit set Sheet Index.
Ataddress, at a minimum, the CMOP shall address theapplicable requirements outlined below. Where the Building Official has determined that the scope of work requiresin this Agreement. • When a CMOP is required, the CMOP shall be included with the plan set shall be provided on a separate plan sheet titled “CMOP” and identified in the permit set Sheet Index and submitted through the Permit Portal. (emailing plans for review is prohibited).
• A plan set submitted without the required CMOP will be considered incomplete and rejected by the Permit Technician as incomplete. Examples of.
• The CMOP shall be reviewed and approved by the Building Official or designee prior to permit issuance. • Example CMOP Plan sheetsSheets are available on the Town website for reference.
Applicability.
• CMOP requirements shall be determined in accordance with Atherton Municipal Code Chapter 15.40 and the Town’s current Scope of Work CMOP Requirement Matrix and applicable definitions. • The Matrix identifies construction and permit scopes requiring a CMOP Plan Sheet, CMOP Agreement, or both. • Applicants, property owners, and contractors shall review the Matrix and applicable definitions to determine the CMOP requirements for the proposed scope of work.
• When a project includes multiple scopes of work, all applicable CMOP requirements shall be incorporated into the approved construction documents as required by the Building Official or designee. • Consistent with Chapter 15.40, the Building Official or designee may require a CMOP based on the nature, scope, location, or anticipated construction operations of a project, including when a particular scope of work is not specifically identified in the Matrix.
SECTION 3. Administrative Penalties/Citation Fines (15.40.240180) 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, Stop Work Order(s), 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 of the date of the first violation.
(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 date 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 labledlabeled, 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
TOWN OF ATHERTON | BUILDING DEPARTMENT Attachment 2CONSTRUCTION MANAGEMENT AND
OPERATIONS PLAN (CMOP) AGREEMENT
CMOP Agreement 9/16/26| revised 10/2026 Town of Atherton Building Department | Page 3 • 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. • 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. • Screening. 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.
TOWN OF ATHERTON | BUILDING DEPARTMENT Attachment 2CONSTRUCTION MANAGEMENT AND
OPERATIONS PLAN (CMOP) AGREEMENT
CMOP Agreement 9/16/26| revised 10/2026 Town of Atherton Building Department | Page 4 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 propertyconfiguration 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, allAll 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.
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. Page 16 of 127
TOWN OF ATHERTON | BUILDING DEPARTMENT Attachment 2CONSTRUCTION MANAGEMENT AND
OPERATIONS PLAN (CMOP) AGREEMENT
CMOP Agreement 9/16/26| revised 10/2026 Town of Atherton Building Department | Page 5 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.
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 on-site 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 When alternate parking is proposed on private property or property not controlled by the permittee, written authorization from the property owner or other authorized party shall be provided to the Town before the parking location is used.
o The Building Official or designee may approve, conditionally approve, or deny an Alternate Parking Plan based on site-specific conditions.
o An approved Alternate Parking Plan may be rescinded at any time during construction by the Building Official or designee, or by the property owner or other party who authorized use of the alternate parking location.
Upon revocation, construction personnel shall discontinue use of the location and comply with any replacement parking arrangements approved by the Town.
o Any approved alternate parking arrangement shall protect public safety, maintain emergency and residential access, preserve traffic circulation, and minimize impacts upon neighboring properties. o Upon completion, expiration, or revocation of an Alternate Parking Plan, all construction-related vehicles, materials, signs, barriers, and other items associated with the parking arrangement shall be removed. o Any public property or public right-of-way altered or damaged as a result of the alternate parking arrangement shall be restored in accordance with AMC §15.40.050, Public Property, to its original condition or otherwise to the satisfaction of the City Manager or designee.
o When alternate parking is located on private property, the contractor shall be responsible for restoring the property as required by the property owner or other party who authorized its use. • 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. Page 17 of 127 TOWN OF ATHERTON | BUILDING DEPARTMENT Attachment 2CONSTRUCTION MANAGEMENT AND
OPERATIONS PLAN (CMOP) AGREEMENT
CMOP Agreement 9/16/26| revised 10/2026 Town of Atherton Building Department | Page 6 • 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 previously-approved 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 ________12.
SECTION 10. Alternate Parking Plans - Required
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 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.
o Construction Sign Standards sheet is included in the Permit Issuance Packet, and available on the Town website.
• Construction site signage for the public must haveinclude the following: Site (at a minimum):
o (1) site address,; (2) permit issue date, and permit number,(s); (3) permitted work hours,; (4) general project description (general),; (5) contractor name, contractor and license #,number; (6) Project Manager name, phone number, and email; (7) Site Manager name, phone number, and email; (8) Building Department contact #, email, site manager,information; (9) Fire Department contact #, email, building department info (official,information; and (10) Police Department contact #, name, etc.), Fire Dept info #, Police Dept info #.
Construction Sign Standards sheet in the Permit Issuance Packetinformation. •▪ Example signage available on the Town website.
SECTION 13. Site Safety Director
Owner Initials ________ Contractor ________
• The Site Safety Director’s name and phone number shall be listed on the construction sign.
TOWN OF ATHERTON | BUILDING DEPARTMENT Attachment 2CONSTRUCTION MANAGEMENT AND
OPERATIONS PLAN (CMOP) AGREEMENT
CMOP Agreement 9/16/26| revised 10/2026 Town of Atherton Building Department | Page 7 • 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.
• The Site Safety Director’s name and phone number shall be listed on the construction sign.
SECTION 14. Debris Boxes, Construction Material Storage, and Waste Management Owner Initials ________ Contractor ________
• All properties in Atherton are required to follow the GreenWaste regulations in AMC Chapter 18. • 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 yard-waste 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, trash 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 via an approved Encroachment Permit.
• 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 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 (BMPs), and Grading, Drainage, and Sediment Control
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 cleanup 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.
• Grading, Drainage and Sediment Control: All construction activities shall comply with the applicable grading, drainage, erosion, and sediment-control requirements of Atherton Municipal Code Chapter 8.54, Grading, Drainage and Sediment Control, throughout the duration of construction.
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. Page 19 of 127 TOWN OF ATHERTON | BUILDING DEPARTMENT Attachment 2CONSTRUCTION MANAGEMENT AND
OPERATIONS PLAN (CMOP) AGREEMENT
CMOP Agreement 9/16/26| revised 10/2026 Town of Atherton Building Department | Page 8 • 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.
Workers shall remove/relocate their vehicles from the Town Center and Holbrook-Palmer Park no later than 8:00 a.m.
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 constructionrelated 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.
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 promptlypublic right-of-way (PROW) shall be removed promptly. At any time during construction, the Building Official or designee may require the use of magnetic sweeping or other appropriate equipment to identify and remove nails, screws, or other hazardous or nuisance debris from the roadway or PROW.
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, pickups, servicing, truck movements, parking, and use of the PROW in accordance with the approved CMOP and these requirements.
TOWN OF ATHERTON | BUILDING DEPARTMENT Attachment 2CONSTRUCTION MANAGEMENT AND
OPERATIONS PLAN (CMOP) AGREEMENT
CMOP Agreement 9/16/26| revised 10/2026 Town of Atherton Building Department | Page 9 o The contractor shall communicate applicable construction hours, arrival times, access, staging, parking, trafficcontrol, 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 Plan Sheet Submittal Owner Initials ________ Contractor ________
At minimum, include the following notes on the CMOP: plan sheet (copy and paste to the plan sheet):
• 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.
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 neighborhood-notification requirements. Page 21 of 127
TOWN OF ATHERTON | BUILDING DEPARTMENT Attachment 2CONSTRUCTION MANAGEMENT AND
OPERATIONS PLAN (CMOP) AGREEMENT
CMOP Agreement 9/16/26| revised 10/2026 Town of Atherton Building Department | Page 10 • Conditions of Approval.
o The Town staff 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. 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: ____________________________________________ Page 22 of 127 TOWN OF ATHERTON | BUILDING DEPARTMENT Attachment 2CONSTRUCTION MANAGEMENT AND
OPERATIONS PLAN (CMOP) AGREEMENT
CMOP Agreement 9/16/26| revised 10/2026 Town of Atherton Building Department | Page 11 Date: ____________________________________________
ALTERNATIVE CRITERION MATRIX – 9/11/26
CRITERIA
JURISDICTION CMOP ENFORCEABILITY EFFECTIVENESS
COUNCIL &
COMMUNITY
SUPPORT
FISCAL
IMPACT
ATHERTON/STATUS QUO:
• No limit for on-street parking
• No identification of Const. vehicles
• Admin. citations primary tool
• Process is mostly reactive
• SWOs not utilized
• Often challenging due to lack
of enforceable parking
regulations with multiple sites
near each other (Can’t identify
which vehicle belongs where)
• $100, $200 & $500 fines not a
deterrent
• Complaint driven
• Low level of effectiveness
as evidenced by the
number of repeat
offenders
• Builders simply factor in
fines as operational costs
• Council and Community
generally supportive
• Some residents insist on
stronger enforcement rules
and efforts
• N/A
HILLSBOROUGH
• CMP for > $750K
• All vehicles parked on-site
• Designated responsible site
superintendent
• BO may require independent on-site
inspector for repeat violations.
• The use of SWOs as a
component of enforcement
efforts creates a significant
and robust deterrent effect
• Parking violations easy to
identify
• Highly effective
• Project delays due to
SWOs can result in very
costly Construction Time
Limit (CTL) fines
• Strong Council and
community support
• Revenue
neutral
BELVEDERE
• Staging, Parking & Materials
• Almost all projects >$50k
• 3 vehicles per site in PROW
• Parking permits assigned
• Meetings reqd. for repeat violations
• Use of SWOs
• Parking permits simplify
enforcement efforts
• Highly effective
• Project delays due to
SWOs can result in very
costly CTL fines
• Strong Council and
community support (“unless
it’s their project.”)
• Net positive due
to fines
PROPOSED CMOP
GUIDELINES ORD.
• Designated site supervisor
• Designated parking regulations and
approved locations
• Parking permits req.
• Neighbor outreach
• Progressive Administrative Fines
leading to SWO
• Increased levels of
collaboration between
builders, neighbors and staff
should bolster enforcement
efforts
• Updated AMC and CMOP
verbiages will be more specific
and detailed.
• Proactive enforcement by
conducting area checks with
parking permits/signage
• Increasing fines and
integrating SWOs into the
enforcement process will
increase deterrent effects
and overall levels of
compliance
• Based on initial interactions
with the Council,
stakeholders, and affected
residents, new CMOP
Guidelines should enjoy
favorable support levels
• Revenue
neutral or net
positive due to
increased fines
ALTERNATIVES
TOWN OF ATHERTON
BUILDING DEPARTMENT
Construction Management and Operations Plan (CMOP)
Scope of Work Guidelines & Matrix
Purpose
• This guide explains when a construction permit application requires a CMOP plan sheet, when a CMOP Agreement is also required, and when the project is regulated by Chapter 15.40 without a CMOP. • The CMOP plan sheet is part of the permit plans and shows how construction activity will be managed on the property, including access, parking, staging, deliveries, material storage, and other site operations. • A CMOP Agreement is a separate acknowledgment of the construction-management requirements applicable to the project. Some scopes of work require a CMOP plan sheet but do not normally require a CMOP Agreement. • All construction projects remain subject to applicable requirements of Atherton Municipal Code Chapter 15.40, whether or not a CMOP plan sheet or CMOP Agreement is required. • The Building Official may require additional CMOP review or a CMOP Agreement based on the nature, scope, location, phasing, site conditions, or anticipated construction operations of a particular project.
Definitions
• Substantial Remodel: The renovation of any structure that affects a floor area exceeding twenty percent of the existing floor area or 1,000 square feet, whichever is less, within any 36-month period. When changes are made to building components such as walls, columns, beams and girders, floor or ceiling joists and coverings, roof rafters, roof diaphragms, foundations, piles, retaining walls, or similar components, the floor area of all rooms affected by those changes is included when calculating the affected floor area. Replacement or upgrading of residential roof coverings is not included in this definition.
• Addition: An extension or increase in floor area, number of stories, or height of a building or structure. • Minor Interior Alteration: Interior renovation that does not meet the definition of a Substantial Remodel. This includes replacement of windows that remain the same size and in the same locations as the existing windows. • Full Site Development: New construction of one or more buildings or structures on the same parcel. The project may include associated grading and drainage, swimming pools and spas, fountains, detached garages, vehicular gates and fences, and other approved permanent structures. Concurrent demolition of existing buildings or structures on the parcel may also be included.
• Demolition (Demo): The deconstruction, demolition, or removal of one or more buildings or structures on a parcel.
Full Site Development, Grading & Drainage, and Deferred Submittals • Full Site Development: A CMOP plan sheet and CMOP Agreement are required. The initial plan set must show all known related and deferred scopes of work so the Town can review the overall construction operations for the site. • Grading & Drainage (G&D): A CMOP plan sheet and CMOP Agreement are required. G&D is reviewed under its required permit and plan set, and all known deferred scopes must be shown on the initial plans. • Deferred submittals during an active parent project: When a deferred permit is submitted while the approved Full Site Development or G&D CMOP remains active, the deferred work must be reviewed for consistency with the approved CMOP. The Town may require the parent CMOP to be updated to reflect changes in contractor, parking, staging, access, deliveries, or other site operations.
• Deferred submittals after the parent-project period has passed: A later deferred permit requires its own CMOP plan review and CMOP Agreement. This accounts for the possibility that the contractor performing the deferred work is different from the contractor responsible for the original Full Site Development or G&D work. • Contractor responsibility: When a separate CMOP Agreement is required for a deferred permit, the contractor listed on that permit is responsible for the CMOP requirements and Agreement applicable to that work.
Permit and CMOP Review Notes
• Demolition: A CMOP plan sheet and CMOP Agreement are required for demolition of a building or structure. When demolition is part of Full Site Development, the demolition operations should be coordinated with the parent CMOP. • Substantial Remodels and Additions: A CMOP plan sheet and CMOP Agreement are required. Related scopes may be coordinated under the same active CMOP when they are part of the same project. • Pools and Spas: New pools and spas require CMOP review and a CMOP Agreement. Limited repair or replaster work requires a CMOP plan sheet but does not normally require a CMOP Agreement. • Fences and Gates: When a building permit is required for a fence, vehicular gate, or pedestrian gate, a CMOP plan sheet is required. A CMOP Agreement is not normally required. • Miscellaneous Landscape Structures (MLS): Permitted structures such as outdoor kitchens, seat walls, fire pits, fountains, water features, and similar improvements require a CMOP plan sheet. A CMOP Agreement is not normally required unless the work is part of a larger project that requires one. • Plumbing, Electrical, and Mechanical Site Work: Exterior or site work requiring plan review also requires a CMOP plan sheet. The CMOP should show affected site areas and, as applicable, access, trenching, equipment, material storage, and staging. A CMOP Agreement is not normally required unless separately triggered. • Generators: A generator installed on an equipment pad does not require a CMOP plan sheet or CMOP Agreement.
A generator enclosed by a structure requires the applicable building permit for the structure, but the generator installation does not by itself trigger CMOP requirements. • WELO: A stand-alone WELO landscape/irrigation submittal does not require a CMOP plan sheet or CMOP Agreement. Applicable landscape and Chapter 15.40 requirements still apply. • Photovoltaic / Solar: A stand-alone photovoltaic or solar permit does not require a CMOP plan sheet or CMOP Agreement. Chapter 15.40 continues to apply to construction activity. • Landscape Screening: Landscape screening is reviewed under its separate plan-set requirements and is not part of the CMOP requirement matrix.
• Projects Without a CMOP: A project that does not require a CMOP is still subject to applicable Chapter 15.40 requirements, including construction hours, parking, deliveries, traffic, site cleanliness, public property, signage, screening, and enforcement.
How to Use the Matrix
• Use the matrix on the following page as the quick-reference sheet for permit intake and public information. • “YES” means the item is normally required for that scope of work. • “NO” means the item is not normally required for that scope of work. • “Chapter 15.40 Only” means no CMOP plan sheet or CMOP Agreement is normally required, but the Town’s construction regulations still apply.
• Where a CMOP plan sheet is required but the Agreement column shows “NO,” the Building Official may still require an Agreement when project-specific conditions warrant additional construction-management controls.
TOWN OF ATHERTON – CMOP SCOPE OF WORK REQUIREMENT MATRIX Public Quick-Reference Sheet | 9/30/2026
Scope of Work / Permit CMOP Plan Sheet CMOP Agreement Chapter 15.40 Only Notes
Full Site Development YES YES NO Show all known deferred/related work on initial plans.
Demolition – building/structure YES YES NO Coordinate with parent CMOP when part of Full Site Development.
Substantial Remodel YES YES NO See definition in CMOP Guidelines.
Addition YES YES NO May be coordinated under a larger active CMOP.
Detached ADU / Garage / Accessory Building YES YES NO Separate permits may be deferred under an active parent CMOP.
Attached ADU / Garage YES YES NO Generally treated as an addition.
Grading & Drainage (G&D) YES YES NO Always requires both. Show known deferred work on initial plans.
New Pool / Spa YES YES NO If deferred, show on initial parent plans.
Pool / Spa Replaster / Limited Repair YES NO NO Plan sheet required; Agreement not normally required.
Athletics / Sports Court YES YES NO Separate permitted scope.
Minor Interior Alteration NO NO YES Chapter 15.40 applies.
Misc. Landscape Structures (MLS) YES NO NO Plan sheet required; Agreement not normally required.
Fence / Vehicle Gate / Pedestrian Gate YES NO NO When a building permit is required.
Generator / Equipment Pad NO NO YES Enclosed generator structure may require a building permit; no CMOP by itself.
Deck > 6 inches above grade YES NO NO Plan sheet required; Agreement not normally required.
Roof Replacement / Repair (OTC) NO NO YES Chapter 15.40 applies.
WELO – landscape/irrigation NO NO YES No CMOP requirement.
Photovoltaic / Solar NO NO YES No CMOP requirement.
Plumbing – exterior/site work YES NO NO Show site impacts, access/trenching/staging as applicable.
Electrical – exterior/site work YES NO NO Show site impacts, access/trenching/staging as applicable.
Mechanical – exterior/site work YES NO NO Show site impacts, access/staging as applicable.
Important: The Building Official may require additional CMOP review or a CMOP Agreement based on project-specific conditions. Landscape Screening is reviewed separately and is not included in this CMOP matrix.
CITY COUNCIL
PUBLIC HEARING
October 7, 2026
Construction Regulations
and Construction Time Limits
Proposed amendments to AMC Chapter 15.40 and recodification of Construction Time Limit regulations as new Chapter 15.41 Town of Atherton
PUBLIC HEARING OVERVIEW
Council Review Framework
Chapter 15.40 — Construction Regulations: chapter-wide cleanup and update of Town-wide construction activity and construction-site operations, including the recently reviewed authority in Section 15.40.152.
Chapter 15.41 — Construction Time Limits: recodifies the existing CTL provisions into a separate chapter. The staff report states that the substantive CTL requirements are not changed by the recodification.
This deck presents each Municipal Code section separately for individual Council review.
Supporting CMOP materials are placed immediately after Section 15.40.152. 2
CONSTRUCTION REGULATIONS
Chapter 15.40 — Introduction
Purpose of the update:
• clarify Town-wide regulations governing construction activity and construction-site operations • update terminology
• clarify existing requirements
• add definitions where needed; and
• improve organization and administration.
Key areas addressed include:
• construction hours
• parking
• deliveries and pickups
• traffic
• site conditions
• signage,
• screening
• enforcement, and
• the Construction Management and Operations Plan (CMOP).
The chapter is intended to remain the primary location for day-to-day construction-site regulations. 3
CHAPTER 15.40 • ORDINANCE TEXT
15.40.010 Site regulations—Community impacts—Purpose.
The purpose of this chapter is to protect the peace, health and safety of the citizens of the town and to secure those persons on a regular basis, including weekends and holidays, a reasonable degree of relief from traffic congestion, dirt, litter and air pollution resulting from construction activities and the delivery of construction supplies and materials as defined below.
4
CHAPTER 15.40 • ORDINANCE TEXT
15.40.020 Definitions.
As used in this chapter:
A. Except as otherwise provided in this chapter, “construction” means the act or process of building, including, but not limited to, landscape installation, site preparation, alteration, repair, remodeling, assembly, erection, or similar action, of buildings, structures, pavement, flat work and other works including the use of power equipment in connection with activities therewith. Site preparation includes demolition and the removal of materials in connection with the demolition and/or removal of materials including landscape plantings, by any means including “demolition sales” or invitations to the public to retrieve and remove any material from the demolition site.
B. “Delivery or Pickup” means but is not limited to the transportation, delivery, pickup, retrieval, loading, unloading, transfer, placement, or removal of building materials, supplies, equipment, machinery, tools, debris, or other items related to a construction project to or from a construction site. • Delivery or pickup includes, but is not limited to, the arrival, parking, standing, waiting, staging, or positioning of a person or vehicle at, adjacent to, or in the vicinity of a construction site for such purpose, whether or not any item is ultimately delivered, loaded, unloaded, retrieved, or removed. • A delivery or pickup need not generate noise, involve the operation of tools or equipment, or require entry onto the construction site to constitute a delivery or pickup. 5
CHAPTER 15.40 • ORDINANCE TEXT
15.40.020 Definitions. — continued
• The arrival, departure, or parking of a construction worker’s personal vehicle at or near a construction site shall not, by itself, constitute a delivery or pickup, provided the vehicle is used primarily for transportation of persons and is not being used to deliver, retrieve, load, unload, transfer, or remove construction-related materials, supplies, equipment, machinery, debris, or other project-related items. This exception does not authorize construction activity or other conduct otherwise prohibited outside permitted construction hours.
C. “Vehicle” means any device or equipment by which a person or property may be transported, propelled, moved, or drawn upon a highway, street, or private property, including, but not limited to, motor vehicles, trucks, trailers, tractors, and construction equipment designed or capable of being driven, moved, or transported upon a roadway or construction site.
D. “Activity” means any construction-related presence, access, work, service, meeting, inspection, or other conduct occurring at a construction site by an owner, contractor, subcontractor, worker, tradesperson, consultant, design professional, vendor, service provider, or other person acting in connection with or in furtherance of a construction project.
• “Activity” also includes, but is not limited to, house or site cleaning; meetings, consultations, and walkthroughs; private inspections; photography or documentation of project conditions or progress; measuring, surveying, testing, or evaluating work; organizing or securing the site; and entering the site to obtain, retrieve, store, inspect, or otherwise access tools, equipment, materials, documents, or personal items associated with the project. 6
CHAPTER 15.40 • ORDINANCE TEXT
15.40.020 Definitions. — continued
• “Activity” also includes preparation or staging before permitted construction hours and cleanup, securing, or other project-related functions after permitted construction hours. • An activity need not generate noise, involve physical construction, or require the operation of tools or equipment to constitute construction-related activity.
• Except as expressly authorized by this Code or by the Town, no construction-related activity or access to a construction site shall occur outside the permitted construction hours pursuant to AMC 15.40.080 This definition does not include access reasonably necessary to respond to an emergency involving an immediate threat to life, public safety, property, or the environment; access by emergency responders or governmental personnel acting within the scope of their official duties; or an inspection or other activity specifically authorized by the Town.
7
CHAPTER 15.40 • ORDINANCE TEXT
15.40.030 Undergrounding of utilities.
All telephone, telegraph, internet, electricity wires and other such service facilities to newly constructed dwellings shall be placed underground from the point of the utility company pole. 8
CHAPTER 15.40 • ORDINANCE TEXT
15.40.040 Survey policy.
It is the city council’s policy that the following condition should be incorporated into any decisions made by the zoning/building official, the planning commission, and the city council involving: (1) foundation improvements which would involve alterations to an existing foundation, (2) relocation of a residence, and (3) construction of a new residence:
Prior to undertaking any major construction related activity and prior to the issuance of a building permit, the existing grade and elevation of the proposed construction site shall be confirmed in writing by a qualified licensed civil engineer or land surveyor. Further, at the time of foundation inspection, the location and elevation of the new major construction shall be certified in writing by a qualified licensed civil engineer or land surveyor as the same location and elevation shown on the approved site development plan. At the time of framing inspection, the height of the new major construction shall be certified in the same manner as being the height shown on the approved site development plan.
9
CHAPTER 15.40 • ORDINANCE TEXT
15.40.050 Public property.
Property Owner and their contractors shall restore any public property or public right-of-way which has been altered or otherwise damaged as a result of construction vehicles, equipment, or construction related activities to its original condition prior to a final inspection or to the satisfaction of the city manager or the city manager’s designee. Prior to issuance of a building permit for a residential remodel or new construction, applicants shall submit documentation, including but not limited to, dated photographs of existing public property and public right-of-way adjacent to the construction site and their existing conditions prior to construction activities. Such documentation shall be to the satisfaction of the city manager or the city manager’s designee.
Upon reviewing the documentation and potential impact of damage to public property or the public right-of-way, the city manager or the city manager’s designee may require posting of a cash deposit or bond of sufficient amount to guarantee repair and reconstruction of damaged public property or public right-of-way. 1 0
CHAPTER 15.40 • ORDINANCE TEXT
15.40.060 Construction Vehicle Parking.
General Requirements. Nothing in this section authorizes parking, storage, or staging in a manner that obstructs traffic, interferes with emergency access, blocks a driveway or access to an adjacent property, creates a sightdistance or other safety hazard, or otherwise violates the California Vehicle Code, California Fire Code, or this Code.
All construction equipment and construction-related parking shall be accommodated on the project site and shall be fully utilized before overflow parking is permitted within the public right-of-way. Once available onsite parking has been exhausted, construction related overflow parking may be permitted within the public right-of-way only in front of the construction site, on the same side of the street, subject to the approved CMOP.
Approval of right-of-way or alternate parking may be conditioned upon additional measures determined necessary by the Building Official or designee to protect public safety, maintain traffic circulation, preserve access to neighboring properties, and minimize construction-related impacts upon the surrounding neighborhood.
Construction equipment shall not be stored or staged within the public right-of-way unless specifically authorized by the approved CMOP, a Town-issued permit, or other written Town approval pursuant to AMC § 12.06. 1 1
CHAPTER 15.40 • ORDINANCE TEXT
15.40.060 Construction Vehicle Parking – CTL option.
Consideration: To coincide with the Construction Time Limits (CTL) chart for size (square footage)/ scope of work specific projects, the below chart would be recommended for consideration, to limit on street parking. 1 2
Building Permit / Project Size or Property
Configuration
Construction Parking and Equipment Restrictions
2,000 square feet or less; properties
located within a cul-de-sac; or flag lots
All construction equipment and construction-related parking shall be accommodated entirely on the project site. Construction-related parking within the public right-of-way or on a public street is prohibited. The restrictions applicable to cul-de-sac properties and flag lots shall apply regardless of the square footage of the construction project . The Building Official or designee may grant an exemption when extenuating site-specific circumstances make full on-site accommodation impracticable and an approved alternate parking plan or other measures can be implemented to protect public safety, maintain emergency and residential access, preserve traffic circulation, and minimize impacts upon neighboring properties. 2,001–4,000 square feet
All construction equipment and construction-related parking shall be accommodated on the project site unless otherwise approved by the Building Official or designee. When full on-site accommodation is not reasonably feasible, the Building Official or designee may approve an alternate parking plan.
Greater than 4,000 square feet
All construction equipment and construction-related parking shall be accommodated on the project site. a Once available on-site parking has been exhausted, construction-related overflow parking may be permitted within the public right-of-way only in front of the construction site, on the same side of the street, subject to the approved CMOP.
CHAPTER 15.40 • ORDINANCE TEXT
15.40.070 Noise.
Construction shall be permitted only within the noise standards incorporated in Chapter 8.16 of this code. Audible, amplified music is prohibited.
1 3
CHAPTER 15.40 • ORDINANCE TEXT
15.40.080 Construction Hours.
A. Except as otherwise provided in this chapter, construction, construction related activities including pickup and delivery activities shall be prohibited on any property within the Town between the hours of five p.m. in the evening and eight a.m. of the following day, Monday through Friday. No construction-related activity other than that permitted under Subsections C and E of this section is permitted on Saturday or Sunday.
B. Construction, pickup and delivery shall be prohibited on any property within the town on Saturdays, Sundays, and the following town established holidays: New Years’ Day, Martin Luther King Jr. Day, President’s Day, Memorial Day, Independence Day, Labor Day, Veteran’s Day, Thanksgiving, the day after Thanksgiving, and Christmas Day. If a listed holiday falls on a Saturday, the prohibition falls on the preceding Friday. If a listed holiday falls on a Sunday, the prohibition falls on the following Monday.
C. Residents or property owners who personally undertake construction activities to maintain or improve their own property on Saturdays, Sundays, or holidays between the hours of 10:00 a.m. and 5:00 p.m. are exempt from the foregoing prohibitions, subject to the limitations of this section. • Such activities shall be limited to work performed personally by the resident or property owner using hand or power tools only. This exemption does not apply to work performed by contractors, subcontractors, employees, laborers, or other people hired or retained to perform the work.
• This exemption shall not apply when the property is subject to an active Town-issued permit and the activity being performed is included within, related to, or necessary for completion of the scope of work authorized by that permit. Work within the scope of a Town-issued permit remains subject to all applicable construction-hour restrictions, regardless of whether the work is performed personally by the resident or property owner. 1 4
CHAPTER 15.40 • ORDINANCE TEXT
15.40.080 Construction Hours. — continued
D. Emergency construction required for the immediate protection of persons and property including, but not limited to, plumbing, electrical and roof repairs is exempt from the foregoing prohibitions.
E. Exemption Permit. The Town may issue an exemption permit, upon application and payment of the applicable fee, authorizing access to a construction site or construction-related activity outside the normal construction hours established by this chapter.
• An exemption permit shall be obtained and approved prior to any access or activity occurring outside normal construction hours and may be limited to specific dates, times, activities, or conditions as determined by the Town. Issuance of an exemption permit is discretionary and shall not constitute authorization for activity beyond the scope, dates, hours, or conditions stated in the approved permit.
• Any access or construction-related activity occurring outside normal construction hours without an approved exemption permit, or in violation of the conditions of an exemption permit, shall constitute a violation of this chapter. 1 5
CHAPTER 15.40 • ORDINANCE TEXT
15.40.090 Dirt—Debris—Litter - Vegetation
It shall be the responsibility of the owner of any property within the Town limits on which a construction project is occurring to maintain the construction site and all adjacent public and private property in a clean, safe, and orderly condition and free of dirt, debris, litter, and other materials resulting from construction activities on the owner’s property.
The owner shall maintain vegetation on or associated with the property or construction project so that it does not become overgrown or create an obstruction or hazard to pedestrians, bicyclists, motorists, neighboring properties, public rights-of-way, sidewalks, streets, driveways, drainage facilities, traffic control devices, or lines of sight. Overgrown, obstructive, dead, damaged, or otherwise hazardous vegetation shall be trimmed, maintained, or removed as necessary to eliminate the obstruction or hazard. 1 6
CHAPTER 15.40 • ORDINANCE TEXT
15.40.100 Operation of vehicles—Pick-ups and deliveries.
Vehicles engaged in the delivery or pick-up of supplies and materials to or from construction projects shall be loaded or unloaded on the construction site whenever possible. Vehicles are not to arrive at the construction site before the hour of eight a.m. and must depart the construction site no later than five p.m. The engines of delivery and pick-up vehicles shall be shut off upon arriving at the site and shall remain shut off during the time supplies, materials, or equipment are being loaded onto or unloaded from the vehicle unless the operation of the engine is required to load or unload the vehicle.
Multiple-Vehicle Deliveries. Staging, staking, queuing, or waiting of multiple delivery vehicles on a public street or within the public right-of-way in connection with a construction project is prohibited. No more than one delivery vehicle associated with a construction project may park, stand, or otherwise occupy the public right-of-way at any one time.
Any additional delivery vehicle associated with the same construction project shall remain outside the Town limits and shall not enter the Town limits for the purpose of staging, queuing, waiting, or parking for a delivery. The next delivery vehicle may enter the Town limits only when the preceding delivery vehicle is departing from the construction site and leaving the Town limits.
Contractors, property owners, and persons coordinating deliveries shall schedule and manage deliveries accordingly to prevent multiple delivery vehicles from staging or waiting within the Town limits. 1 7
CHAPTER 15.40 • ORDINANCE TEXT
15.40.110 Regulation of traffic.
• It shall be the responsibility of the owner of any property within the Town limits on which a construction project is occurring to keep adjacent roads and streets open and reasonably available for travel by the public, adjacent property owners, their visitors and guests, and emergency vehicles.
• For purposes of this section, a blockage of a street or road means the obstruction or closure of all lanes of travel in one or both directions such that vehicles cannot safely pass the construction site. A blockage exceeding five consecutive minutes shall constitute a violation of this section.
• The temporary use or obstruction of a single lane of travel for a delivery or pickup shall not constitute a prohibited blockage, provided that at least one lane remains available for the controlled and safe passage of traffic and either: (1) the lane use is conducted in accordance with a Town-issued permit or Town-approved traffic control plan, when required; or (2) appropriate temporary traffic-control and safety measures are continuously maintained for the duration of the obstruction. Such measures may include flaggers, warning signs, cones, barricades, hazard warning lights, or other traffic-control devices appropriate to the roadway and conditions.
• At no time shall construction activity, a delivery or pickup, construction equipment, or any associated vehicle prevent or unreasonably delay access of emergency vehicles. The owner and persons performing work at the construction site shall immediately move vehicles, equipment, or other obstructions when necessary to provide emergency access. • Nothing in this section authorizes the use or obstruction of a public street or right-of-way when a Town-issued permit or approved traffic control plan is otherwise required.
1 8
CHAPTER 15.40 • ORDINANCE TEXT
15.40.120 Posting of signs.
A. Town issued Construction Signs: Signs advising of the provisions of this chapter and prepared by the town shall be purchased from the town by the person acquiring any building permit or engaging in construction as defined above. Signs shall be posted at locations and in the manner prescribed by the city manager or designee, as described in the CMOP, Section 15.40.152.
B. Construction parking signs: All signs pertaining to parking of vehicles related to construction activities shall comply with the requirements in the approved CMOP and section 15.40.152 1 9
CHAPTER 15.40 • ORDINANCE TEXT
15.40.130 Screening.
Any construction site project that is visible from the public right-of-way shall be adequately screened to the satisfaction of the building official. Screening shall consist of materials approved by the building official and identified on approved building plans. Screening shall be installed prior to start of construction as defined in Section 15.40.110(A), and described in the CMOP, Section 15.40.152. 2 0
CHAPTER 15.40 • ORDINANCE TEXT
15.40.152 Construction Management and Operations Plan (CMOP) A. If the proposed project is identified by its scope of work through a matrix accompanying the Construction Management and Operations Plan (CMOP), or when otherwise required by the Building Official based upon the nature, scope, location, or anticipated construction operations of the project, the property owner or developer and/or the contractor identified on the applicable building permit application shall prepare and submit a CMOP to the Building Department. The Building Department shall maintain and make available a list of scopes of work requiring a CMOP.
B. When required, the CMOP shall be included with the initial construction plan submittal as a separate, dedicated plan sheet and shall address all applicable requirements of the CMOP Agreement adopted by the City Council. If the requirement for a CMOP is identified during plan review, the CMOP shall be submitted prior to permit issuance.
C. The CMOP shall be reviewed and approved by the Building Official or designee and shall become part of the approved construction documents and the condition of the applicable building permit.
D. When a CMOP is required, the provisions in the CMOP Agreement and the specific CMOP approved for the project shall constitute an agreement between the Town, the property owner or developer, and the contractor identified on the applicable building permit regarding the management and operation of the construction site. The property owner or developer and contractor shall acknowledge and agree to comply with the approved CMOP and the CMOP Agreement prior to issuance of the building permit.
2 1
CHAPTER 15.40 • ORDINANCE TEXT
15.40.152 Construction Management and Operations Plan (CMOP) — continued E. The approved CMOP and CMOP Agreement shall be binding conditions of the building permit and shall be implemented, maintained, and complied with for the duration of the project until the applicable building permit has been finalized by the Town. A change in property ownership, contractor, or other responsible party shall not terminate or otherwise relieve the project of compliance with the approved CMOP or the CMOP Agreement. The Building Official or designee may require acknowledgment of the CMOP and the CMOP Agreement by a successor property owner, developer, or contractor as a condition of continued construction activity.
F. The Building Official or designee may require revisions to an approved CMOP based on changes in site or surrounding area conditions, project phasing, scope of work, construction operations, or other conditions affecting the management, safety, or operation of the construction site. Any required revision shall become part of the approved CMOP and shall be subject to the same requirements and conditions as the original approval.
G. Nothing in an approved CMOP or the CMOP Agreement shall supersede, replace, waive, or modify any requirement of this Chapter, the Atherton Municipal Code, or other applicable law. In the event of a conflict or inconsistency, the applicable provisions of the Atherton Municipal Code or other controlling law shall govern.
H. Failure to comply with the approved CMOP or the CMOP Agreement constitutes a violation of the conditions of the building permit and may result in enforcement action as authorized by this Chapter and the Atherton Municipal Code, including but not limited to administrative citations, applicable fines, and/or issuance of a Stop Work Order.
I. Project Related Construction Signs: All construction projects shall comply with the construction signage requirements of AMC Section 15.36.070. Required construction signs shall be installed and maintained in accordance with that section and, when applicable, shall be identified on the approved CMOP. 2 2
SECTION 15.40.152 • SUPPORTING DOCUMENTS
CMOP Supporting Materials — How They Relate to §15.40.152 • The CMOP Agreement implements and supplements Chapter 15.40 and becomes part of the approved construction documents when required.
• The Scope of Work Guidelines & Matrix identifies when a CMOP plan sheet, a CMOP Agreement, or Chapter
15.40-only compliance normally applies; the Building Official may require additional CMOP review based on project-specific conditions.
• The standard-parcel and flag-lot examples illustrate how access, parking, staging, deliveries, fencing, tree protection, sanitation, and other site operations can be shown on a CMOP plan sheet. 2 3
SECTION 15.40.152 • CMOP AGREEMENT
CMOP Agreement – Section 1 - Agreement
2 4
SECTION 15.40.152 • CMOP AGREEMENT
CMOP Agreement — Section 1 – Agreement- Continued
2 5
SECTION 15.40.152 • CMOP AGREEMENT
CMOP Agreement — Section 2 – Purpose, Submittal, Applicability 2 6
SECTION 15.40.152 • CMOP AGREEMENT
CMOP Agreement — Section 3 – Administrative Penalties
2 7
SECTION 15.40.152 • CMOP AGREEMENT
CMOP Agreement — Section 4 – Heritage Trees and TPZ
2 8
SECTION 15.40.152 • CMOP AGREEMENT
CMOP Agreement — Section 5 – Construction Entrances/Access 2 9
SECTION 15.40.152 • CMOP AGREEMENT
CMOP Agreement — Section 6 – Construction Fencing/Screening 3 0
SECTION 15.40.152 • CMOP AGREEMENT
CMOP Agreement — Section 7 - Setbacks
3 1
SECTION 15.40.152 • CMOP AGREEMENT
CMOP Agreement — Section 8 – Construction Parking
3 2
SECTION 15.40.152 • CMOP AGREEMENT
CMOP Agreement — Section 8 – Construction Parking - continued 3 3
SECTION 15.40.152 • CMOP AGREEMENT
CMOP Agreement — Section 8 – Construction Parking - continued 3 4
SECTION 15.40.152 • CMOP AGREEMENT
CMOP Agreement — Section 8 – Construction Parking - continued 3 5
SECTION 15.40.152 • CMOP AGREEMENT
CMOP Agreement — Section 8 – Construction Parking - continued 3 6
SECTION 15.40.152 • CMOP AGREEMENT
CMOP Agreement — Section 8 – Construction Parking - continued 3 7
SECTION 15.40.152 • CMOP AGREEMENT
CMOP Agreement — Section 9 – Special Parking Conditions 3 8
SECTION 15.40.152 • CMOP AGREEMENT
CMOP Agreement — Section 10 – Alternate Parking Plans
3 9
SECTION 15.40.152 • CMOP AGREEMENT
CMOP Agreement — Section 11 – No Parking Signs
4 0
SECTION 15.40.152 • CMOP AGREEMENT
CMOP Agreement — Section 12 – Construction Signage
4 1
SECTION 15.40.152 • CMOP AGREEMENT
CMOP Agreement — Section 13 – Site Safety Director
4 2
SECTION 15.40.152 • CMOP AGREEMENT
CMOP Agreement — Section 14 – Debris Boxes/Mat. Storage/Waste Mgmt 4 3
SECTION 15.40.152 • CMOP AGREEMENT
CMOP Agreement — Section 15 – Clean-up/BMPs/8.54
4 4
SECTION 15.40.152 • CMOP AGREEMENT
CMOP Agreement — Section 16 – Deliveries/Traffic/Servicing/Access 4 5
SECTION 15.40.152 • CMOP AGREEMENT
CMOP Agreement — Section 16 - Deliveries/Traffic/Servicing/Access - continued 4 6
SECTION 15.40.152 • CMOP AGREEMENT
CMOP Agreement — Section 17 – CMOP Plan Sheet Notes
4 7
SECTION 15.40.152 • CMOP AGREEMENT
CMOP Agreement — Section 18 – Exemption Permits
4 8
SECTION 15.40.152 • CMOP AGREEMENT
CMOP Agreement — Section 18 - Exemption Permits - Continued 4 9
SECTION 15.40.152 • CMOP AGREEMENT
CMOP Agreement — Section 18 - Exemption Permits - Continued 5 0
SECTION 15.40.152 • CMOP AGREEMENT
CMOP Agreement — Agreement, Acknowledgement & Signatures 5 1
SECTION 15.40.152 • EXAMPLE PLAN SHEET
Example CMOP — Standard Parcel
5 2
SECTION 15.40.152 • EXAMPLE PLAN SHEET
Example CMOP — Flag Lot Parcel
5 3
SECTION 15.40.152 • MATRIX INSTRUCTIONS
CMOP Scope of Work Guidelines
Purpose
• This guide explains when a construction permit application requires a CMOP plan sheet, when a CMOP Agreement is also required, and when the project is regulated by Chapter 15.40 without a CMOP. • The CMOP plan sheet is part of the permit plans and shows how construction activity will be managed on the property, including access, parking, staging, deliveries, material storage, and other site operations. • A CMOP Agreement is a separate acknowledgment of the construction-management requirements applicable to the project. Some scopes of work require a CMOP plan sheet but do not normally require a CMOP Agreement.
• All construction projects remain subject to applicable requirements of Atherton Municipal Code Chapter 15.40, whether or not a CMOP plan sheet or CMOP Agreement is required. • The Building Official may require additional CMOP review or a CMOP Agreement based on the nature, scope, location, phasing, site conditions, or anticipated construction operations of a particular project. 5 4
SECTION 15.40.152 • MATRIX INSTRUCTIONS
CMOP Scope of Work Guidelines - Continued
Definitions
• Substantial Remodel: The renovation of any structure that affects a floor area exceeding twenty percent of the existing floor area or 1,000 square feet, whichever is less, within any 36-month period. When changes are made to building components such as walls, columns, beams and girders, floor or ceiling joists and coverings, roof rafters, roof diaphragms, foundations, piles, retaining walls, or similar components, the floor area of all rooms affected by those changes is included when calculating the affected floor area. Replacement or upgrading of residential roof coverings is not included in this definition.
• Addition: An extension or increase in floor area, number of stories, or height of a building or structure. • Minor Interior Alteration: Interior renovation that does not meet the definition of a Substantial Remodel. This includes replacement of windows that remain the same size and in the same locations as the existing windows. • Full Site Development: New construction of one or more buildings or structures on the same parcel. The project may include associated grading and drainage, swimming pools and spas, fountains, detached garages, vehicular gates and fences, and other approved permanent structures. Concurrent demolition of existing buildings or structures on the parcel may also be included.
• Demolition (Demo): The deconstruction, demolition, or removal of one or more buildings or structures on a parcel. 5 5
SECTION 15.40.152 • MATRIX INSTRUCTIONS
CMOP Scope of Work Guidelines - Continued
Full Site Development, Grading & Drainage, and Deferred Submittals • Full Site Development: A CMOP plan sheet and CMOP Agreement are required. The initial plan set must show all known related and deferred scopes of work so the Town can review the overall construction operations for the site. • Grading & Drainage (G&D): A CMOP plan sheet and CMOP Agreement are required. G&D is reviewed under its required permit and plan set, and all known deferred scopes must be shown on the initial plans. • Deferred submittals during an active parent project: When a deferred permit is submitted while the approved Full Site Development or G&D CMOP remains active, the deferred work must be reviewed for consistency with the approved CMOP.
The Town may require the parent CMOP to be updated to reflect changes in contractor, parking, staging, access, deliveries, or other site operations.
• Deferred submittals after the parent-project period has passed: A later deferred permit requires its own CMOP plan review and CMOP Agreement. This accounts for the possibility that the contractor performing the deferred work is different from the contractor responsible for the original Full Site Development or G&D work. • Contractor responsibility: When a separate CMOP Agreement is required for a deferred permit, the contractor listed on that permit is responsible for the CMOP requirements and Agreement applicable to that work. 5 6
SECTION 15.40.152 • MATRIX INSTRUCTIONS
CMOP Scope of Work Guidelines - Continued
Permit and CMOP Review Notes
• Demolition: A CMOP plan sheet and CMOP Agreement are required for demolition of a building or structure. When demolition is part of Full Site Development, the demolition operations should be coordinated with the parent CMOP. • Substantial Remodels and Additions: A CMOP plan sheet and CMOP Agreement are required. Related scopes may be coordinated under the same active CMOP when they are part of the same project. • Pools and Spas: New pools and spas require CMOP review and a CMOP Agreement. Limited repair or replaster work requires a CMOP plan sheet but does not normally require a CMOP Agreement. • Fences and Gates: When a building permit is required for a fence, vehicular gate, or pedestrian gate, a CMOP plan sheet is required. A CMOP Agreement is not normally required.
• Miscellaneous Landscape Structures (MLS): Permitted structures such as outdoor kitchens, seat walls, fire pits, fountains, water features, and similar improvements require a CMOP plan sheet. A CMOP Agreement is not normally required unless the work is part of a larger project that requires one. 5 7
SECTION 15.40.152 • MATRIX INSTRUCTIONS
CMOP Scope of Work Guidelines - Continued
Permit and CMOP Review Notes - Continued
• Plumbing, Electrical, and Mechanical Site Work: Exterior or site work requiring plan review also requires a CMOP plan sheet. The CMOP should show affected site areas and, as applicable, access, trenching, equipment, material storage, and staging. A CMOP Agreement is not normally required unless separately triggered. • Generators: A generator installed on an equipment pad does not require a CMOP plan sheet or CMOP Agreement. A generator enclosed by a structure requires the applicable building permit for the structure, but the generator installation does not by itself trigger CMOP requirements.
• WELO: A stand-alone WELO landscape/irrigation submittal does not require a CMOP plan sheet or CMOP Agreement. Applicable landscape and Chapter 15.40 requirements still apply.
• Photovoltaic / Solar: A stand-alone photovoltaic or solar permit does not require a CMOP plan sheet or CMOP Agreement. Chapter
15.40 continues to apply to construction activity.
• Landscape Screening: Landscape screening is reviewed under its separate plan-set requirements and is not part of the CMOP requirement matrix.
• Projects Without a CMOP: A project that does not require a CMOP is still subject to applicable Chapter 15.40 requirements, including construction hours, parking, deliveries, traffic, site cleanliness, public property, signage, screening, and enforcement. 5 8
SECTION 15.40.152 • MATRIX INSTRUCTIONS
CMOP Scope of Work Guidelines - Continued
How to Use the Matrix
• Use the matrix on the following page as the quick-reference sheet for permit intake and public information. • “YES” means the item is normally required for that scope of work. • “NO” means the item is not normally required for that scope of work. • “Chapter 15.40 Only” means no CMOP plan sheet or CMOP Agreement is normally required, but the Town’s construction regulations still apply.
• Where a CMOP plan sheet is required but the Agreement column shows “NO,” the Building Official may still require an Agreement when project-specific conditions warrant additional construction-management controls.
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SECTION 15.40.152 • QUICK-REFERENCE MATRIX
CMOP Scope of Work Requirement Matrix
TOWN OF ATHERTON – CMOP SCOPE OF WORK REQUIREMENT MATRIX Public Quick-Reference Sheet | 9/30/2026
6 0
Scope of Work / Permit CMOP Plan Sheet CMOP Agreement Chapter 15.40 Only Notes Full Site Development YES YES NO Show all known deferred/related work on initial plans.
Demolition – building/structure YES YES NO Coordinate with parent CMOP when part of Full Site Development.
Substantial Remodel YES YES NO See definition in CMOP Guidelines.
Addition YES YES NO May be coordinated under a larger active CMOP.
Detached ADU / Garage / Accessory Building YES YES NO Separate permits may be deferred under an active parent CMOP.
Attached ADU / Garage YES YES NO Generally treated as an addition.
Grading & Drainage (G&D) YES YES NO Always requires both. Show known deferred work on initial plans.
New Pool / Spa YES YES NO If deferred, show on initial parent plans.
Pool / Spa Replaster / Limited Repair YES NO NO Plan sheet required; Agreement not normally required.
Athletics / Sports Court YES YES NO Separate permitted scope.
Minor Interior Alteration NO NO YES Chapter 15.40 applies.
Misc. Landscape Structures (MLS) YES NO NO Plan sheet required; Agreement not normally required.
Fence / Vehicle Gate / Pedestrian Gate YES NO NO When a building permit is required.
Generator / Equipment Pad NO NO YES Enclosed generator structure may require a building permit; no CMOP by itself.
Deck > 6 inches above grade YES NO NO Plan sheet required; Agreement not normally required.
Roof Replacement / Repair (OTC) NO NO YES Chapter 15.40 applies.
WELO – landscape/irrigation NO NO YES No CMOP requirement.
Photovoltaic / Solar NO NO YES No CMOP requirement.
Plumbing – exterior/site work YES NO NO Show site impacts, access/trenching/staging as applicable.
Electrical – exterior/site work YES NO NO Show site impacts, access/trenching/staging as applicable.
Mechanical – exterior/site work YES NO Page 90 of 127 NO Show site impacts, access/staging as applicable.
CHAPTER 15.40 • ORDINANCE TEXT
15.40.160 Appeal.
A. Appeals of administrative citations, notices, orders, or determinations involving the application or enforcement of building standards subject to the California Building Standards Code (CBC) shall be heard by the appropriate local appeals board, housing appeals board, authorized agency, or governing body, as applicable and as required by state law.
B. Appeals of administrative citations or enforcement actions that do not involve matters subject to the California Building Standards Code (CBC) shall be heard in accordance with the administrative appeal procedures otherwise established by this Code (Section 1.21.080)
6 1
CHAPTER 15.40 • ORDINANCE TEXT
15.40.170 Violations.
A. A violation of this chapter shall constitute public nuisance and a misdemeanor and shall be abated and punished as provided in Section 1.20.040. A civil action may be commenced to abate, enjoin, or otherwise compel the cessation of violation of any provision in this chapter. In a civil action brought pursuant to this chapter in which the town prevails, the court may award to the town all costs of investigation and preparation for trial, the costs of trial, reasonable expenses including overhead and administrative costs incurred in prosecuting the action, and reasonable attorney fees.
B. As part of a civil action brought by the town, a court may assess against any person who commits, allows, or maintains a violation of any provision of this chapter a civil penalty in an amount not to exceed five thousand dollars per violation. The civil penalty is separate and distinct from penalties imposed under this chapter.
C. Upon any guilty plea or judgment or conviction, in any criminal proceeding brought for the violation of this chapter, where the defendant is entitled by law to probation, then the court may require the payment to the town of the costs and expenses as described above and the code provision incorporated by reference as one of the conditions of such probation.
D. The building official is authorized to order work stopped, or cause the revocation of an issued building permit whenever work is being done contrary to the approved scope of work of an issued building permit or other provisions of this chapter. 6 2
CHAPTER 15.40 • ORDINANCE TEXT
15.40.180 Administrative Penalties.
Each infraction shall be punishable by:
(1) a fine not exceeding one hundred thirty ($130) dollars for a first violation; (2) a fine not exceeding seven hundred ($700) dollars for a second violation of the same ordinance within one year of the date of the first violation;
(3) a fine not exceeding thirteen hundred ($1300) dollars for each additional violation of the same ordinance within one year of the date of the first violation.
6 3
CHAPTER 15.40 • ORDINANCE TEXT
15.40.190 Progressive Enforcement and Stop Work Orders (SWO) The Stop Work Order shall be in writing and posted in a visible location at the entrances of the site (CBC 115.2).
The building official may hire an independent inspector at the expense of the property owner or contractor in the event of three or more violations of this Chapter associated with the site on which the permit applies.
Issuance for Chronic Violations. In addition to the immediate Stop Work Order authority granted under California Building Code Section 115, the Building Official, or his/her designee, may issue a formal Stop Work Order for any construction projects, permitted or unpermitted, that accumulated three or more separate, documented violations of this Chapter for the duration of the active permit. Each separate Correction Notice, Notice & Order to Abate, Notice of Violation, or Administrative Citation issued to the site shall count as an individual violation.
Effect of Order. Upon issuance of a Stop Work Order under this section, the cited work shall immediately cease. The order shall apply to a specific scope of work or to the entire project site and all construction activities, except for specific work expressly authorized in writing by the Town to mitigate immediate safety hazards or stabilize the site.
Mandatory Compliance Meeting Required for Resumption. A Stop Work Order issued for chronic violations under this Chapter shall remain in full force and effect and shall not be rescinded until a mandatory compliance meeting is held.
Required attendees: The meeting must be attended by Town Staff (including the issuing official or department head), Code Enforcement, the licensed General Contractor of record (or their authorized on-site representative), and the Property Owner and/or Developer (or an authorized agent with legal binding authority). 6 4
CHAPTER 15.40 • ORDINANCE TEXT
15.40.190 Progressive Enforcement and Stop Work Orders (SWO) — continued Purpose: The sole purpose of this meeting shall be to review the chronic non-compliance history, establish a mutually acceptable mitigation plan, and definitively remedy all outstanding violations.
Conditions for Rescission: The Town will not lift the Stop Work Order or permit construction activities to resume until all the following conditions are satisfied to the satisfaction of the Town:
• The mandatory compliance meeting described in subsection 15.40.190 C has concluded. • A written, signed compliance agreement and remediation schedule have been executed by the Contractor and Property Owner.
• All outstanding physical code violations on the property have been fully corrected and verified by staff re-inspection. • All applicable administrative fines, progressive penalty fees, and staff re-inspection fees, and stop work fees have been paid in full.
Penalty for Non-Compliance. Any person, firm or corporation who continues to perform work in a violation of a Stop Work Order issued pursuant to this section shall be guilty of a misdemeanor, subject to Chapter 1.20.040 6 5
Questions about 15.40 ?
CONSTRUCTION TIME LIMITS
Chapter 15.41 — Introduction
New Chapter 15.41 separates Construction Time Limit (CTL) provisions from the day-to-day construction regulations in Chapter 15.40.
Construction Time Limits regulate the overall duration and completion of permitted construction, with separate application, penalty, deposit, appeal, enforcement, and violation procedures.
The staff report states that the substantive CTL requirements are carried forward without change; the proposed action is a recodification for clarity and organization. 6 7
CHAPTER 15.41 • ORDINANCE TEXT
15.41.010 Application.
Chapter 15.41 shall apply to all building construction (including, but not limited to: all additions, alterations, substantial remodels, repairs, demolition projects, and all other improvements) requiring a building permit, and landscaping related to such building construction.
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CHAPTER 15.41 • ORDINANCE TEXT
15.41.020 Construction completion.
Construction shall be complete upon the final performance of all construction work other than exempted landscaping as determined by the Building Official, including, but not necessarily limited to, exterior repairs and remodeling, full compliance with all conditions of application approval, and the clearing and cleaning of all construction-related materials and debris from the site. Final inspection and approval of the construction work by the town shall mark the date of construction completion. Deadlines for the completion of landscaping are set forth in Section 17.50.060.
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CHAPTER 15.41 • ORDINANCE TEXT
15.41.030 Construction Time Limits.
Building Permit Valuation Construction Time Limit Including New Construction, Additions, Alterations, Modifications, Repairs and Improvements
2,000 square feet or less 12 months from original building permit issuance 2001 – 4,000 square feet 24 months from original building permit issuance Greater than 4,001 square feet 36 months from original building permit issuance Time limits will not be increased by issuance of subsequent building permits for the same project. 7 0
CHAPTER 15.41 • ORDINANCE TEXT
15.41.040 Penalties.
A. If a property owner fails to complete construction by the applicable time limit established in this chapter, the property owner shall be subject to the following penalties payable to the town:
Period of Time That Project Remains Incomplete Beyond
Applicable Time Limit
Penalty
First 30 days -0-
31st through 60th day $200.00 per day (i.e., $6,000.00 maximum penalty applicable to this 30-day period) 61st through 120th day $400.00 per day (i.e., $24,000.00 maximum penalty applicable to this 60-day period) 121st day and every day thereafter $1,000.00 per day
B. Penalties, fees and costs due to the town pursuant to this chapter are due each day as the penalties accrue. 7 1
CHAPTER 15.41 • ORDINANCE TEXT
15.41.050 Deposit.
A. Upon reaching the time limits set out in Section 15.41.030, if construction has not been completed, if no final inspection has been made or a certificate of occupancy issued, the property owner or his representative shall deliver to the building department a deposit (in cash or a certificate of deposit or in the form of a payment penalty bond) in the amount of thirty thousand dollars. Any bond shall be in the amount of the deposit and in form and contents satisfactory to the town and shall cover a minimum time period of two years. Penalties assessed in Section 15.41.040 shall be deducted from the deposit and paid to the town.
B. If no deposit is made as provided in subsection A of this section, the building official shall issue a stop work order.
C. If a property owner fails to complete construction by the applicable time limit, the applicable penalties shall accrue daily up to the maximum set out in Section 15.41.040.
D. On or before the one hundred twentieth day that the project has remained incomplete, no final inspection has been made and no certificate of occupancy issued, the property owner or his representative shall deliver to the building department a deposit (in cash or in the form of a certificate of deposit or a payment penalty bond) in the amount of two hundred twenty thousand dollars. Any bond shall be in the amount of the deposit and in form and contents satisfactory to the town which shall cover a minimum time period of two years. Penalties assessed in Section 15.41.040 shall be deducted from the deposit and paid to the town.
E. If no deposit is made as provided in subsection D of this section, the building official shall issue a stop work order. 7 2
CHAPTER 15.41 • ORDINANCE TEXT
15.41.050 Deposit. — continued
F. If the owner believes that the failure to meet the applicable time limit was caused by circumstances beyond the owner’s control, the owner may submit a written statement to that effect with the building official at the time of making the deposit as described in subsections A and/or D of this section and provide any documentation substantiating such grounds and the effect on the construction. If the building official accepts the owner’s explanation, no part of the deposit shall be forfeited to the town and no demand shall be made against the bond if construction is completed within thirty days of the deposit. If construction is completed after the thirty days and the building official concurs with the owner’s statement as to the cause of the failure to meet the deadline, the building official shall waive the penalty and return the cash deposit, certificate of deposit, or bond to the owner. If the building official does not concur with the owner’s statement, it shall be treated as an appeal under Section 15.41.060 and all the provisions of that section shall apply.
G. If construction is completed after the applicable time limit, and the building official does not concur with the owner’s statement, the town shall draw on the deposit, certificate of deposit, or bond in the amount of the applicable penalties; provided, however, that in the event of an appeal, the town shall not draw on the deposit, certificate of deposit, or bond until the planning commission and, if applicable, the city council has rendered its decision as set forth in Section
15.41.060(A).
H. After construction is completed and all applicable penalties received by the town, any remaining deposit shall be refunded or the certificate of deposit or bond shall be returned to owner. 7 3
CHAPTER 15.41 • ORDINANCE TEXT
15.41.060 Appeal.
A. A penalty imposed may be appealed to the planning commission on the grounds that the property owner was unable to comply with the applicable time limit for reasons beyond the control of the property owner and the owner’s representatives. There shall be no right to appeal until construction is completed. Any person aggrieved by the decision of the planning commission on the appeal may appeal to the Atherton city council. The provisions of Chapter 17.06 of the Atherton Municipal Code shall apply to the appeal process.
B. At the time the appeal is filed or within two weeks thereafter, the appellant shall submit documentary and other evidence sufficient to establish that design decisions, construction drawings and documents, bids and construction contracts, permit applications, and compliance with all required permit conditions were undertaken in a diligent and timely manner.
Documentary evidence shall include, but not be limited to, dated design contracts, date-stamped plans, dated construction contracts and material orders, and proof of timely payment of any deposits or fees required pursuant to any of the foregoing items. The documentary and other evidence shall demonstrate that construction delays resulted from circumstances fully out of the applicant’s control and despite diligent and clearly documented efforts to achieve construction completion within the applicable time limit. Penalties shall not be modified or waived unless all evidence required by this subsection is submitted at the time of appeal.
7 4
CHAPTER 15.41 • ORDINANCE TEXT
15.41.070 Enforcement.
Any penalty due under Section 15.41.040 in excess of the deposit made under Section 15.41.050 shall be a personal debt owed to the town by the property owner(s) and, in addition to all other means of enforcement and collection, shall become a lien against the property and shall be subject to the same penalties (including interest thereon at the maximum rate allowed by law from the date the lien attaches until the date of payment) and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. 7 5
CHAPTER 15.41 • ORDINANCE TEXT
15.41.080 Violations.
A. A violation of this chapter is a misdemeanor and shall be punished as provided in Section 1.20.040. A civil action may be commenced to abate, enjoin, or otherwise compel the cessation of violation of any provision in this chapter. In a civil action brought pursuant to this chapter in which the town prevails, the court may award to the town all costs of investigation and preparation for trial, the costs of trial, reasonable expenses including overhead and administrative costs incurred in prosecuting the action, and reasonable attorney fees.
B. As part of a civil action brought by the town, a court may assess against any person who commits, allows, or maintains a violation of any provision of this chapter a civil penalty in an amount not to exceed five thousand dollars per violation. The civil penalty is separate and distinct from penalties imposed pursuant to this Chapter.
C. Upon any guilty plea or judgment or conviction, in any criminal proceeding brought for the violation of this chapter, where the defendant is entitled by law to probation, then the court may require the payment to the town of the costs and expenses as described above and the code provision incorporated by reference as one of the conditions of such probation.
D. The building official is authorized to order work stopped whenever work is being done contrary to the provisions of this chapter.
7 6
PUBLIC HEARING
Council Action Requested
• Conduct the public hearing and consider introduction for first reading of the ordinance amending AMC Chapter 15.40, “Construction Regulations.”
• Consider creation of new AMC Chapter 15.41, “Construction Time Limits,” to recodify the Town’s existing CTL provisions.
• Provide questions and direction regarding the proposed ordinance provisions and the organization and administration of Chapters 15.40 and 15.41.
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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”
ORDINANCE NO. ___
AN ORDINANCE OF THE CITY COUNCIL OF THE TOWN OF ATHERTON AMENDING CHAPTER 15.40 OF THE ATHERTON MUNICIPAL CODE
REGARDING CONSTRUCTION REGULATIONS
WHEREAS, on October 7, 2026, the City Council held a duly noticed public hearing as prescribed by law to introduce and consider the first reading of the amendment of Chapter 15.40 of the Atherton Municipal Code and receive public comment.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the Town of Atherton that Chapter 15.40 of the Atherton Municipal Code shall be hereby amended, based on the findings, supported by substantial evidence in the record, as follows:
The City Council of the Town of Atherton does hereby ordain as follows:
SECTION 1. RECITALS. The recitals set forth above are true and correct and are hereby incorporated herein by this reference as if fully set forth in their entirety.
SECTION 2. AMENDMENT TO CODE. Chapter 15.40, "Construction Regulations", is hereby amended to the Atherton Municipal Code to read as follows:
Chapter 15.40
CONSTRUCTION REGULATIONS
15.40.010 Site regulations—Community impacts—Purpose.
The purpose of this chapter is to protect the peace, health and safety of the citizens of the town and to secure those persons on a regular basis, including weekends and holidays, a reasonable degree of relief from traffic congestion, dirt, litter and air pollution resulting from construction activities and the delivery of construction supplies and materials as defined below.
15.40.020 Definitions.
As used in this chapter:
A. Except as otherwise provided in this chapter, “construction” means the act or process of building, including, but not limited to, landscape installation, site preparation, alteration, repair, remodeling, assembly, erection, or similar action, of buildings, structures, pavement, flat work and other works including the use of power equipment in connection with activities therewith.
Site preparation includes demolition and the removal of materials in connection with the demolition and/or removal of materials including landscape plantings, by any means including “demolition sales” or invitations to the public to retrieve and remove any material from the demolition site.
B. “Delivery or Pickup” means but is not limited to the transportation, delivery, pickup, retrieval, loading, unloading, transfer, placement, or removal of building materials, supplies, equipment, machinery, tools, debris, or other items related to a construction project to or from a construction site.
Delivery or pickup includes, but is not limited to, the arrival, parking, standing, waiting, staging, or positioning of a person or vehicle at, adjacent to, or in the vicinity of a construction site for such purpose, whether or not any item is ultimately delivered, loaded, unloaded, retrieved, or removed.
A delivery or pickup need not generate noise, involve the operation of tools or equipment, or require entry onto the construction site to constitute a delivery or pickup.
The arrival, departure, or parking of a construction worker’s personal vehicle at or near a construction site shall not, by itself, constitute a delivery or pickup, provided the vehicle is used primarily for transportation of persons and is not being used to deliver, retrieve, load, unload, transfer, or remove construction-related materials, supplies, equipment, machinery, debris, or other project-related items. This exception does not authorize construction activity or other conduct otherwise prohibited outside permitted construction hours.
C. “Vehicle” means any device or equipment by which a person or property may be transported, propelled, moved, or drawn upon a highway, street, or private property, including, but not limited to, motor vehicles, trucks, trailers, tractors, and construction equipment designed or capable of being driven, moved, or transported upon a roadway or construction site.
D. “Activity” means any construction-related presence, access, work, service, meeting, inspection, or other conduct occurring at a construction site by an owner, contractor, subcontractor, worker, tradesperson, consultant, design professional, vendor, service provider, or other person acting in connection with or in furtherance of a construction project. “Activity” also includes, but is not limited to, house or site cleaning; meetings, consultations, and walkthroughs; private inspections; photography or documentation of project conditions or progress; measuring, surveying, testing, or evaluating work; organizing or securing the site; and entering the site to obtain, retrieve, store, inspect, or otherwise access tools, equipment, materials, documents, or personal items associated with the project. “Activity” also includes preparation or staging before permitted construction hours and cleanup, securing, or other project-related functions after permitted construction hours.
An activity need not generate noise, involve physical construction, or require the operation of tools or equipment to constitute construction-related activity.
Except as expressly authorized by this Code or by the Town, no construction-related activity or access to a construction site shall occur outside the permitted construction hours pursuant to AMC 15.40.080
This definition does not include access reasonably necessary to respond to an emergency involving an immediate threat to life, public safety, property, or the environment; access by emergency responders or governmental personnel acting within the scope of their official duties; or an inspection or other activity specifically authorized by the Town.
15.40.030 Undergrounding of utilities.
All telephone, telegraph, internet, electricity wires and other such service facilities to newly constructed dwellings shall be placed underground from the point of the utility company pole.
15.40.040 Survey policy.
It is the city council’s policy that the following condition should be incorporated into any decisions made by the zoning/building official, the planning commission, and the city council involving: (1) foundation improvements which would involve alterations to an existing foundation, (2) relocation of a residence, and (3) construction of a new residence:
Prior to undertaking any major construction related activity and prior to the issuance of a building permit, the existing grade and elevation of the proposed construction site shall be confirmed in writing by a qualified licensed civil engineer or land surveyor. Further, at the time of foundation inspection, the location and elevation of the new major construction shall be certified in writing by a qualified licensed civil engineer or land surveyor as the same location and elevation shown on the approved site development plan. At the time of framing inspection, the height of the new major construction shall be certified in the same manner as being the height shown on the approved site development plan.
15.40.050 Public property.
Property Owner and their contractors shall restore any public property or public right-of-way which has been altered or otherwise damaged as a result of construction vehicles, equipment, or construction related activities to its original condition prior to a final inspection or to the satisfaction of the city manager or the city manager’s designee. Prior to issuance of a building permit for a residential remodel or new construction, applicants shall submit documentation, including but not limited to, dated photographs of existing public property and public right-ofway adjacent to the construction site and their existing conditions prior to construction activities.
Such documentation shall be to the satisfaction of the city manager or the city manager’s designee.
Upon reviewing the documentation and potential impact of damage to public property or the public right-of-way, the city manager or the city manager’s designee may require posting of a cash deposit or bond of sufficient amount to guarantee repair and reconstruction of damaged public property or public right-of-way.
15.40.060 Construction Vehicle Parking.
General Requirements. Nothing in this section authorizes parking, storage, or staging in a manner that obstructs traffic, interferes with emergency access, blocks a driveway or access to an adjacent property, creates a sight-distance or other safety hazard, or otherwise violates the California Vehicle Code, California Fire Code, or this Code.
All construction equipment and construction-related parking shall be accommodated on the project site and shall be fully utilized before overflow parking is permitted within the public right-of-way. Once available onsite parking has been exhausted, construction related overflow parking may be permitted within the public right-of-way only in front of the construction site, on the same side of the street, subject to the approved CMOP.
Approval of right-of-way or alternate parking may be conditioned upon additional measures determined necessary by the Building Official or designee to protect public safety, maintain traffic circulation, preserve access to neighboring properties, and minimize construction-related impacts upon the surrounding neighborhood.
Construction equipment shall not be stored or staged within the public right-of-way unless specifically authorized by the approved CMOP, a Town-issued permit, or other written Town approval pursuant to AMC § 12.06.
15.40.070 Noise.
Construction shall be permitted only within the noise standards incorporated in Chapter 8.16 of this code. Audible, amplified music is prohibited.
15.40.080 Construction Hours.
A. Except as otherwise provided in this chapter, construction, construction related activities including pickup and delivery activities shall be prohibited on any property within the Town between the hours of five p.m. in the evening and eight a.m. of the following day, Monday through Friday. No construction-related activity other than that permitted under Subsections C and E of this section is permitted on Saturday or Sunday.
B. Construction, pickup and delivery shall be prohibited on any property within the town on Saturdays, Sundays, and the following town established holidays: New Years’ Day, Martin Luther King Jr. Day, President’s Day, Memorial Day, Independence Day, Labor Day, Veteran’s Day, Thanksgiving, the day after Thanksgiving, and Christmas Day. If a listed holiday falls on a Saturday, the prohibition falls on the preceding Friday. If a listed holiday falls on a Sunday, the prohibition falls on the following Monday.
C. Residents or property owners who personally undertake construction activities to maintain or improve their own property on Saturdays, Sundays, or holidays between the hours of 10:00 a.m. and 5:00 p.m. are exempt from the foregoing prohibitions, subject to the limitations of this section.
Such activities shall be limited to work performed personally by the resident or property owner using hand or power tools only. This exemption does not apply to work performed by contractors, subcontractors, employees, laborers, or other people hired or retained to perform the work.
This exemption shall not apply when the property is subject to an active Town-issued permit and the activity being performed is included within, related to, or necessary for completion of the scope of work authorized by that permit. Work within the scope of a Town-issued permit remains subject to all applicable construction-hour restrictions, regardless of whether the work is performed personally by the resident or property owner.
D. Emergency construction required for the immediate protection of persons and property including, but not limited to, plumbing, electrical and roof repairs is exempt from the foregoing prohibitions.
E. Exemption Permit. The Town may issue an exemption permit, upon application and payment of the applicable fee, authorizing access to a construction site or construction-related activity outside the normal construction hours established by this chapter.
An exemption permit shall be obtained and approved prior to any access or activity occurring outside normal construction hours and may be limited to specific dates, times, activities, or conditions as determined by the Town. Issuance of an exemption permit is discretionary and shall not constitute authorization for activity beyond the scope, dates, hours, or conditions stated in the approved permit.
Any access or construction-related activity occurring outside normal construction hours without an approved exemption permit, or in violation of the conditions of an exemption permit, shall constitute a violation of this chapter.
15.40.090 Dirt—Debris—Litter - Vegetation
It shall be the responsibility of the owner of any property within the Town limits on which a construction project is occurring to maintain the construction site and all adjacent public and private property in a clean, safe, and orderly condition and free of dirt, debris, litter, and other materials resulting from construction activities on the owner’s property.
The owner shall maintain vegetation on or associated with the property or construction project so that it does not become overgrown or create an obstruction or hazard to pedestrians, bicyclists, motorists, neighboring properties, public rights-of-way, sidewalks, streets, driveways, drainage facilities, traffic control devices, or lines of sight. Overgrown, obstructive, dead, damaged, or otherwise hazardous vegetation shall be trimmed, maintained, or removed as necessary to eliminate the obstruction or hazard.
15.40.100 Operation of vehicles—Pick-ups and deliveries.
Vehicles engaged in the delivery or pick-up of supplies and materials to or from construction projects shall be loaded or unloaded on the construction site whenever possible. Vehicles are not to arrive at the construction site before the hour of eight a.m. and must depart the construction site no later than five p.m. The engines of delivery and pick-up vehicles shall be shut off upon arriving at the site and shall remain shut off during the time supplies, materials, or equipment are being loaded onto or unloaded from the vehicle unless the operation of the engine is required to load or unload the vehicle.
Multiple-Vehicle Deliveries. Staging, staking, queuing, or waiting of multiple delivery vehicles on a public street or within the public right-of-way in connection with a construction project is prohibited. No more than one delivery vehicle associated with a construction project may park, stand, or otherwise occupy the public right-of-way at any one time.
Any additional delivery vehicle associated with the same construction project shall remain outside the Town limits and shall not enter the Town limits for the purpose of staging, queuing, waiting, or parking for a delivery. The next delivery vehicle may enter the Town limits only when the preceding delivery vehicle is departing from the construction site and leaving the Town limits. Contractors, property owners, and persons coordinating deliveries shall schedule and manage deliveries accordingly to prevent multiple delivery vehicles from staging or waiting within the Town limits.
15.40.110 Regulation of traffic.
It shall be the responsibility of the owner of any property within the Town limits on which a construction project is occurring to keep adjacent roads and streets open and reasonably available for travel by the public, adjacent property owners, their visitors and guests, and emergency vehicles.
For purposes of this section, a blockage of a street or road means the obstruction or closure of all lanes of travel in one or both directions such that vehicles cannot safely pass the construction site. A blockage exceeding five consecutive minutes shall constitute a violation of this section.
The temporary use or obstruction of a single lane of travel for a delivery or pickup shall not constitute a prohibited blockage, provided that at least one lane remains available for the controlled and safe passage of traffic and either: (1) the lane use is conducted in accordance with a Town-issued permit or Town-approved traffic control plan, when required; or (2) appropriate temporary traffic-control and safety measures are continuously maintained for the duration of the obstruction. Such measures may include flaggers, warning signs, cones, barricades, hazard warning lights, or other traffic-control devices appropriate to the roadway and conditions.
At no time shall construction activity, a delivery or pickup, construction equipment, or any associated vehicle prevent or unreasonably delay access of emergency vehicles. The owner and persons performing work at the construction site shall immediately move vehicles, equipment, or other obstructions when necessary to provide emergency access.
Nothing in this section authorizes the use or obstruction of a public street or right-of-way when a Town-issued permit or approved traffic control plan is otherwise required.
15.40.120 Posting of signs.
A. Town issued Construction Signs: Signs advising of the provisions of this chapter and prepared by the town shall be purchased from the town by the person acquiring any building permit or engaging in construction as defined above. Signs shall be posted at locations and in the manner prescribed by the city manager or designee, as described in the CMOP, Section
15.40.152.
B. Construction parking signs: All signs pertaining to parking of vehicles related to construction activities shall comply with the requirements in the approved CMOP and section 15.40.152
15.40.130 Screening.
Any construction site project that is visible from the public right-of-way shall be adequately screened to the satisfaction of the building official. Screening shall consist of materials approved by the building official and identified on approved building plans. Screening shall be installed prior to start of construction as defined in Section 15.40.110(A), and described in the CMOP, Section 15.40.152.
15.40.152 Construction Management and Operations Plan (CMOP) A. If the proposed project is identified by its scope of work through a matrix accompanying the Construction Management and Operations Plan (CMOP), or when otherwise required by the Building Official based upon the nature, scope, location, or anticipated construction operations of the project, the property owner or developer and/or the contractor identified on the applicable building permit application shall prepare and submit a CMOP to the Building Department. The Building Department shall maintain and make available a list of scopes of work requiring a CMOP.
B. When required, the CMOP shall be included with the initial construction plan submittal as a separate, dedicated plan sheet and shall address all applicable requirements of the CMOP Agreement adopted by the City Council. If the requirement for a CMOP is identified during plan review, the CMOP shall be submitted prior to permit issuance.
C. The CMOP shall be reviewed and approved by the Building Official or designee and shall become part of the approved construction documents and the condition of the applicable building permit.
D. When a CMOP is required, the provisions in the CMOP Agreement and the specific CMOP approved for the project shall constitute an agreement between the Town, the property owner or developer, and the contractor identified on the applicable building permit regarding the management and operation of the construction site. The property owner or developer and contractor shall acknowledge and agree to comply with the approved CMOP and the CMOP Agreement prior to issuance of the building permit.
E. The approved CMOP and CMOP Agreement shall be binding conditions of the building permit and shall be implemented, maintained, and complied with for the duration of the project
until the applicable building permit has been finalized by the Town. A change in property ownership, contractor, or other responsible party shall not terminate or otherwise relieve the project of compliance with the approved CMOP or the CMOP Agreement. The Building Official or designee may require acknowledgment of the CMOP and the CMOP Agreement by a successor property owner, developer, or contractor as a condition of continued construction activity.
F. The Building Official or designee may require revisions to an approved CMOP based on changes in site or surrounding area conditions, project phasing, scope of work, construction operations, or other conditions affecting the management, safety, or operation of the construction site. Any required revision shall become part of the approved CMOP and shall be subject to the same requirements and conditions as the original approval.
G. Nothing in an approved CMOP or the CMOP Agreement shall supersede, replace, waive, or modify any requirement of this Chapter, the Atherton Municipal Code, or other applicable law.
In the event of a conflict or inconsistency, the applicable provisions of the Atherton Municipal Code or other controlling law shall govern.
H. Failure to comply with the approved CMOP or the CMOP Agreement constitutes a violation of the conditions of the building permit and may result in enforcement action as authorized by this Chapter and the Atherton Municipal Code, including but not limited to administrative citations, applicable fines, and/or issuance of a Stop Work Order.
I. Project Related Construction Signs: All construction projects shall comply with the construction signage requirements of AMC Section 15.36.070. Required construction signs shall be installed and maintained in accordance with that section and, when applicable, shall be identified on the approved CMOP.
15.40.160 Appeal.
A Appeals of administrative citations, notices, orders, or determinations involving the application or enforcement of building standards subject to the California Building Standards Code (CBC) shall be heard by the appropriate local appeals board, housing appeals board, authorized agency, or governing body, as applicable and as required by state law.
B. Appeals of administrative citations or enforcement actions that do not involve matters subject to the California Building Standards Code (CBC) shall be heard in accordance with the administrative appeal procedures otherwise established by this Code (Section 1.21.080)
15.40.170 Violations.
A. A violation of this chapter shall constitute public nuisance and a misdemeanor and shall be abated and punished as provided in Section 1.20.040. A civil action may be commenced to abate, enjoin, or otherwise compel the cessation of violation of any provision in this chapter. In a civil action brought pursuant to this chapter in which the town prevails, the court may award to the town all costs of investigation and preparation for trial, the costs of trial, reasonable expenses including overhead and administrative costs incurred in prosecuting the action, and reasonable attorney fees.
B. As part of a civil action brought by the town, a court may assess against any person who commits, allows, or maintains a violation of any provision of this chapter a civil penalty in an amount not to exceed five thousand dollars per violation. The civil penalty is separate and distinct from penalties imposed under this chapter.
C. Upon any guilty plea or judgment or conviction, in any criminal proceeding brought for the violation of this chapter, where the defendant is entitled by law to probation, then the court may require the payment to the town of the costs and expenses as described above and the code provision incorporated by reference as one of the conditions of such probation.
D. The building official is authorized to order work stopped, or cause the revocation of an issued building permit whenever work is being done contrary to the approved scope of work of an issued building permit or other provisions of this chapter.
15.40.180 Administrative Penalties.
Each infraction shall be punishable by (1) a fine not exceeding one hundred thirty dollars for a first violation; (2) a fine not exceeding seven hundred dollars for a second violation of the same ordinance within one year of the date of the first violation; (3) a fine not exceeding thirteen hundred dollars for each additional violation of the same ordinance within one year of the date of the first violation.
15.40.190 Progressive Enforcement and Stop Work Orders (SWO) The Stop Work Order shall be in writing and posted in a visible location at the entrances of the site (CBC 115.2).
The building official may hire an independent inspector at the expense of the property owner or contractor in the event of three or more violations of this Chapter associated with the site on which the permit applies.
A. Issuance for Chronic Violations. In addition to the immediate Stop Work Order authority granted under California Building Code Section 115, the Building Official, or his/her designee, may issue a formal Stop Work Order for any construction projects, permitted or unpermitted, that accumulated three or more separate, documented violations of this Chapter for the duration of the active permit. Each separate Correction Notice, Notice & Order to Abate, Notice of Violation, or Administrative Citation issued to the site shall count as an individual violation.
B. Effect of Order. Upon issuance of a Stop Work Order under this section, the cited work shall immediately cease. The order shall apply to a specific scope of work or to the entire project site and all construction activities, except for specific work expressly authorized in writing by the Town to mitigate immediate safety hazards or stabilize the site.
C. Mandatory Compliance Meeting Required for Resumption. A Stop Work Order issued for chronic violations under this Chapter shall remain in full force and effect and shall not be rescinded until a mandatory compliance meeting is held. a. Required attendees: The meeting must be attended by Town Staff (including the issuing official or department head), Code Enforcement, the licensed General Contractor of record (or their authorized on-site representative), and the Property Owner and/or Developer (or an authorized agent with legal binding authority). b. Purpose: The sole purpose of this meeting shall be to review the chronic noncompliance history, establish a mutually acceptable mitigation plan, and definitively remedy all outstanding violations.
D. Conditions for Rescission: The Town will not lift the Stop Work Order or permit construction activities to resume until all the following conditions are satisfied to the satisfaction of the Town:
a. The mandatory compliance meeting described in subsection 15.40.190 C has concluded.
b. A written, signed compliance agreement and remediation schedule have been executed by the Contractor and Property Owner.
c. All outstanding physical code violations on the property have been fully corrected and verified by staff re-inspection.
d. All applicable administrative fines, progressive penalty fees, and staff reinspection fees, and stop work fees have been paid in full.
E. Penalty for Non-Compliance. Any person, firm or corporation who continues to perform work in a violation of a Stop Work Order issued pursuant to this section shall be guilty of a misdemeanor, subject to Chapter 1.20.040.
SECTION 3: SCOPE. Except as set forth in this Ordinance, all other provisions of the Atherton Municipal Code shall remain in full force and effect.
SECTION 4: SEVERABILITY. The City Council hereby declares it would have passed this Ordinance sentence by sentence, paragraph by paragraph, and section by section, and does hereby declare that any provision in the Ordinance severable and, if for any reason any sentence, paragraph, or section of this Ordinance shall be held invalid, such decision shall not affect the validity of the remaining parts of this Ordinance.
SECTION 5: NO MANDATORY DUTY. This Ordinance is not intended to and shall not be construed or given effect in a manner that imposes the City or other officer or employee thereof a mandatory duty of care towards persons and property within or without the City, so as to provide a basis of civil liability for damages, except as otherwise imposed by law.
SECTION 6: EFFECTIVE DATE. This Ordinance shall be posted in at least three public places according to law and shall take effect and be in force from and after 30 days after its passage and adoption.
Introduced on the 7th of October 2026.
Passed and adopted as ordinance of the City Council of the Town of Atherton at a regular meeting thereof held on the ___ day of ___ 2026 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
______________________________
STACY HOLLAND, MAYOR
ATTEST:
_____________________________
ANTHONY SUBER, CITY CLERK
ORDINANCE NO. ___
AN ORDINANCE OF THE CITY COUNCIL OF THE TOWN OF ATHERTON CREATING CHAPTER 15.41 OF THE ATHERTON MUNICIPAL CODE REGARDING
CONSTRUCTION TIME LIMITS
WHEREAS, on October 7, 2026, the City Council held a duly noticed public hearing as prescribed by law to introduce and consider the first reading of the creation of Chapter 15.41 of the Atherton Municipal Code and receive public comment.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the Town of Atherton that Chapter 15.40 of the Atherton Municipal Code shall be hereby amended, based on the findings, supported by substantial evidence in the record, as follows:
The City Council of the Town of Atherton does hereby ordain as follows:
SECTION 1. RECITALS. The recitals set forth above are true and correct and are hereby incorporated herein by this reference as if fully set forth in their entirety.
SECTION 2. AMENDMENT TO CODE. Chapter 15.41, "Construction Time Limits", is hereby added to the Atherton Municipal Code to read as follows:
Chapter 15.41
CONSTRUCTION TIME LIMITS
15.41.010 Application.
Chapter 15.41 shall apply to all building construction (including, but not limited to: all additions, alterations, substantial remodels, repairs, demolition projects, and all other improvements) requiring a building permit, and landscaping related to such building construction.
15.41.020 Construction completion.
Construction shall be complete upon the final performance of all construction work other than exempted landscaping as determined by the Building Official, including, but not necessarily limited to, exterior repairs and remodeling, full compliance with all conditions of application approval, and the clearing and cleaning of all construction-related materials and debris from the site. Final
inspection and approval of the construction work by the town shall mark the date of construction completion. Deadlines for the completion of landscaping are set forth in Section 17.50.060.
15.41.030 Construction Time Limits.
Building Permit Valuation
Construction Time Limit
Including New Construction, Additions,
Alterations, Modifications, Repairs and
Improvements
2,000 square feet or less 12 months from original building permit issuance 2001 – 4,000 square feet 24 months from original building permit issuance Greater than 4,001 square feet 36 months from original building permit issuance Time limits will not be increased by issuance of subsequent building permits for the same project.
15.41.040 Penalties.
A. If a property owner fails to complete construction by the applicable time limit established in this chapter, the property owner shall be subject to the following penalties payable to the town:
Period of Time That Project Remains
Incomplete Beyond Applicable Time Limit
Penalty
First 30 days -0-
31st through 60th day $200.00 per day (i.e., $6,000.00 maximum penalty applicable to this 30-day period)
Period of Time That Project Remains
Incomplete Beyond Applicable Time Limit
Penalty
61st through 120th day $400.00 per day (i.e., $24,000.00 maximum penalty applicable to this 60-day period)
121st day and every day thereafter $1,000.00 per day
B. Penalties, fees and costs due to the town pursuant to this chapter are due each day as the penalties accrue.
15.41.050 Deposit.
A. Upon reaching the time limits set out in Section 15.41.030, if construction has not been completed, if no final inspection has been made or a certificate of occupancy issued, the property owner or his representative shall deliver to the building department a deposit (in cash or a certificate of deposit or in the form of a payment penalty bond) in the amount of thirty thousand dollars. Any bond shall be in the amount of the deposit and in form and contents satisfactory to the town and shall cover a minimum time period of two years. Penalties assessed in Section 15.41.040 shall be deducted from the deposit and paid to the town.
B. If no deposit is made as provided in subsection A of this section, the building official shall issue a stop work order.
C. If a property owner fails to complete construction by the applicable time limit, the applicable penalties shall accrue daily up to the maximum set out in Section 15.41.040.
D. On or before the one hundred twentieth day that the project has remained incomplete, no final inspection has been made and no certificate of occupancy issued, the property owner or his representative shall deliver to the building department a deposit (in cash or in the form of a certificate of deposit or a payment penalty bond) in the amount of two hundred twenty thousand dollars. Any bond shall be in the amount of the deposit and in form and contents satisfactory to the town which shall cover a minimum time period of two years. Penalties assessed in Section 15.41.040 shall be deducted from the deposit and paid to the town.
E. If no deposit is made as provided in subsection D of this section, the building official shall issue a stop work order.
F. If the owner believes that the failure to meet the applicable time limit was caused by circumstances beyond the owner’s control, the owner may submit a written statement to that effect with the building official at the time of making the deposit as described in subsections A and/or D of this section and provide any documentation substantiating such grounds and the effect on the
construction. If the building official accepts the owner’s explanation, no part of the deposit shall be forfeited to the town and no demand shall be made against the bond if construction is completed within thirty days of the deposit. If construction is completed after the thirty days and the building official concurs with the owner’s statement as to the cause of the failure to meet the deadline, the building official shall waive the penalty and return the cash deposit, certificate of deposit, or bond to the owner. If the building official does not concur with the owner’s statement, it shall be treated as an appeal under Section 15.41.060 and all the provisions of that section shall apply.
G. If construction is completed after the applicable time limit, and the building official does not concur with the owner’s statement, the town shall draw on the deposit, certificate of deposit, or bond in the amount of the applicable penalties; provided, however, that in the event of an appeal, the town shall not draw on the deposit, certificate of deposit, or bond until the planning commission and, if applicable, the city council has rendered its decision as set forth in Section 15.41.060(A).
H. After construction is completed and all applicable penalties received by the town, any remaining deposit shall be refunded or the certificate of deposit or bond shall be returned to owner.
15.41.060 Appeal.
A. A penalty imposed may be appealed to the planning commission on the grounds that the property owner was unable to comply with the applicable time limit for reasons beyond the control of the property owner and the owner’s representatives. There shall be no right to appeal until construction is completed. Any person aggrieved by the decision of the planning commission on the appeal may appeal to the Atherton city council. The provisions of Chapter 17.06 of the Atherton Municipal Code shall apply to the appeal process.
B. At the time the appeal is filed or within two weeks thereafter, the appellant shall submit documentary and other evidence sufficient to establish that design decisions, construction drawings and documents, bids and construction contracts, permit applications, and compliance with all required permit conditions were undertaken in a diligent and timely manner. Documentary evidence shall include, but not be limited to, dated design contracts, date-stamped plans, dated construction contracts and material orders, and proof of timely payment of any deposits or fees required pursuant to any of the foregoing items. The documentary and other evidence shall demonstrate that construction delays resulted from circumstances fully out of the applicant’s control and despite diligent and clearly documented efforts to achieve construction completion within the applicable time limit. Penalties shall not be modified or waived unless all evidence required by this subsection is submitted at the time of appeal.
15.41.070 Enforcement.
Any penalty due under Section 15.41.040 in excess of the deposit made under Section 15.41.050 shall be a personal debt owed to the town by the property owner(s) and, in addition to all other means of enforcement and collection, shall become a lien against the property and shall be subject to the same penalties (including interest thereon at the maximum rate allowed by law from the date the lien attaches until the date of payment) and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes.
15.41.080 Violations.
A. A violation of this chapter is a misdemeanor and shall be punished as provided in Section . A civil action may be commenced to abate, enjoin, or otherwise compel the cessation of violation of any provision in this chapter. In a civil action brought pursuant to this chapter in which the town prevails, the court may award to the town all costs of investigation and preparation for trial, the costs of trial, reasonable expenses including overhead and administrative costs incurred in prosecuting the action, and reasonable attorney fees.
B. As part of a civil action brought by the town, a court may assess against any person who commits, allows, or maintains a violation of any provision of this chapter a civil penalty in an amount not to exceed five thousand dollars per violation. The civil penalty is separate and distinct from penalties imposed pursuant to this Chapter.
C. Upon any guilty plea or judgment or conviction, in any criminal proceeding brought for the violation of this chapter, where the defendant is entitled by law to probation, then the court may require the payment to the town of the costs and expenses as described above and the code provision incorporated by reference as one of the conditions of such probation.
D. The building official is authorized to order work stopped whenever work is being done contrary to the provisions of this chapter.
SECTION 3: SCOPE. Except as set forth in this Ordinance, all other provisions of the Atherton Municipal Code shall remain in full force and effect.
SECTION 4: SEVERABILITY. The City Council hereby declares it would have passed this Ordinance sentence by sentence, paragraph by paragraph, and section by section, and does hereby declare that any provision in the Ordinance severable and, if for any reason any sentence, paragraph, or section of this Ordinance shall be held invalid, such decision shall not affect the validity of the remaining parts of this Ordinance.
SECTION 5: NO MANDATORY DUTY. This Ordinance is not intended to and shall not be construed or given effect in a manner that imposes the City or other officer or employee thereof a
mandatory duty of care towards persons and property within or without the City, so as to provide a basis of civil liability for damages, except as otherwise imposed by law.
SECTION 6: EFFECTIVE DATE. This Ordinance shall be posted in at least three public places according to law and shall take effect and be in force from and after 30 days after its passage and adoption.
Introduced on the 7th of October 2026.
Passed and adopted as ordinance of the City Council of the Town of Atherton at a regular meeting thereof held on the ___ day of ___ 2026 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
______________________________
STACY HOLLAND, MAYOR
ATTEST:
_____________________________
ANTHONY SUBER, CITY CLERK