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.
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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.
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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
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SECTION 15.40.152 • CMOP AGREEMENT
CMOP Agreement — Section 4 – Heritage Trees and TPZ
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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
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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
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SECTION 15.40.152 • CMOP AGREEMENT
CMOP Agreement — Section 11 – No Parking Signs
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SECTION 15.40.152 • CMOP AGREEMENT
CMOP Agreement — Section 12 – Construction Signage
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SECTION 15.40.152 • CMOP AGREEMENT
CMOP Agreement — Section 13 – Site Safety Director
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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
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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
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SECTION 15.40.152 • CMOP AGREEMENT
CMOP Agreement — Section 18 – Exemption Permits
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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
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SECTION 15.40.152 • EXAMPLE PLAN SHEET
Example CMOP — Flag Lot Parcel
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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 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)
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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.
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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.
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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.
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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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