Item No. 7
Town of Atherton
CITY COUNCIL STAFF REPORT – CONSENT AGENDA
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: FRED LUSTENBERGER, BUILDING OFFICIAL
LISA-MARIE DALEY, CODE ENFORCEMENT OFFICER
DATE: OCTOBER 21, 2026
SUBJECT: WAIVE THE SECOND READING AND ADOPT AN ORDINANCE
AMENDING ATHERTON MUNICIPAL CODE SECTION
15.40.152, “CONSTRUCTION MANAGEMENT AND
OPERATIONS PLAN (CMOP)”
RECOMMENDATION
Staff recommend that the City Council waive the second reading and adopt the ordinance amending Atherton Municipal Code (AMC) Section 15.40.152, Construction Management and Operations Plan (CMOP), and approve the standard template CMOP Agreement.
BACKGROUND
On June 3, 2026, the City Council held a Study Session and directed staff to strengthen construction management requirements, particularly parking, site maintenance, neighbor communication, and enforcement.
On July 21, 2026, staff held a stakeholder roundtable with construction industry representatives, owner/builders, residents, and staff to obtain practical feedback on the proposed requirements.
At its September 16, 2026, meeting, the Council considered the proposed amendment to AMC Section 15.40.152 and the standard CMOP Agreement and provided direction for revisions. In response to Council direction, staff revised the CMOP materials, including the scope-of-work guidelines/matrix and definitions addressing substantial remodel, fullsite development, minor interior alteration, addition, and demolition.
At its October 7, 2026 Study Session and public hearing, the Council reviewed the items, accepted the changes and introduced the Ordinance for 1st Reading with 2nd Reading and Adoption scheduled for October 21, 2026. Council requested the following changes to the CMOP Agreement:
• Section 4 TPZ – “Vehicles shall not park within 6 feet of a protected Heritage Tree in the PROW. Contractor shall install temporary delineators that are not Ordinance Second Reading – MC Section 15.40.152
October 21, 2026
considered obstructions or a danger to the public (i.e. cones, striping, etc.) to advise vehicle operators where the boundary of the 6-foot distance is from the tree.”
• Section 7 Setbacks – specified sanitary facilities and construction trailer setbacks for side/rear of 10 feet, and front 20 feet from property line, unless otherwise approved by staff.
• Section 17 Notes Required – clarified access to the property-by-property owners:
• “This restriction includes, but is not limited to, site visits by realtors and cleaning crews, until the TCO/COO is approved and issued by the Building Official.
• When an occupancy permit is revoked due to the scope of work (i.e. Demo, Full site development, remodels over 50% square footage, and/or any scope of work that deems the property uninhabitable), Property owners and their guests may access their property outside of construction hours, subject to notification to the Atherton Police Department prior to access. Non-emergency phone number is (650) 688-6500.”
DISCUSSION
The amendment establishes a framework for requiring, reviewing, approving, implementing, and enforcing a project-specific CMOP. A CMOP is required for projects identified in the applicable scope-of-work matrix or otherwise required by the Building Official. When required, the approved CMOP becomes part of the construction documents and building permit conditions.
The standard CMOP Agreement supplements the Code and sets expectations for construction, parking and traffic management, site access and safety, cleanliness, tree protection, signage, deliveries, neighbor notifications, responsible site contacts, and compliance. On-site parking is prioritized; construction-related vehicles must use parking authorized by the approved CMOP or an approved alternate parking plan. Enforcement may include administrative citations, applicable fines, and Stop Work Orders where authorized. The Municipal Code and controlling law govern in the event of any conflict.
The proposed amendments and supporting materials are intended to reduce construction impacts on neighboring properties and improve the clarity and consistency of permit administration and enforcement.
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.
Ordinance Second Reading – MC Section 15.40.152
October 21, 2026
This Ordinance and corresponding Agreement are further exempt pursuant to section 15332.
FISCAL IMPACT
Staff does not anticipate significant additional net costs to the Town from adoption of the Section 15.40.152 amendment and approval of the standard template CMOP Agreement.
The changes are intended to improve administration and enforcement of existing construction regulations.
COUNCIL ACTION
By approving this Consent Calendar item, the City Council will waive the second reading, adopt the ordinance amending AMC Section 15.40.152, and approve the standard template CMOP Agreement.
ATTACHMENTS
1. Proposed ordinance amendment to AMC Section 15.40.152, Construction Management and Operations Plan (CMOP)
2. Standard template Construction Management and Operations Plan Agreement
3. Scope of Work CMOP Guidelines/Matrix
4. Standard Parcel CMOP Sample (used for CMOP plan review)
5. Flag Lot CMOP Sample (used for CMOP plan review)