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