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:
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STACY HOLLAND, MAYOR
ATTEST:
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ANTHONY SUBER, CITY CLERK