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Marysville City Council
June 16, 2026

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Feb Commission Staff_report
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June 16, 2026
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Date:     February 25, 2026
To:     Marysville Planning and Historic Preservation Commission From: Kevin Payne, Planning Consultant
Mike Luken, Planning Consultant
Dan Flores, Community and Economic Development Director Subject:    Ordinance ‐ Outdoor Dining Ordinance

OBJECTIVE
The purpose of this item is to provide information to enable the Planning Commission to recommend to the City Council an ordinance to replace the existing outdoor dining ordinance in its entirety.

RECOMMENDED ACTION
Conduct a public hearing and recommend that the City Council approve an Ordinance (Attachment 1) modifying Section 18.63 of the Maryville Municipal Code (Zoning Ordinance) for outdoor dining.

BACKGROUND
An urgency ordinance that was previously adopted to allow outdoor dining during the pandemic has lapsed. Following the termination of the urgency ordinance, two outdoor dining establishments that existed during the pandemic were removed in 2025. In 2025, the City Council requested that the Community Development Department update the outdoor sidewalk dining regulations. These regulations were first adopted in 2005 to encourage outdoor dining. As written, they limit outdoor dining to seating only within the sidewalk area adjacent to eating and drinking establishments.

Members of the Planning Commission attended the League of California Cities Planning Commission Academy on March 5-7, 2025. While attending this conference, the Commission viewed several outdoor dining decks and sidewalk dining venues in the City of Santa Rosa. On March 26, 2025, staff provided an overview of outdoor dining options to the Planning Commission.

The Commission provided feedback including limiting both sidewalk seating and dining decks to local streets that were traveled at speeds that are less than 25 mph.

As a follow-up to the direction provided by both the City Council and the Planning Commission, staff researched several other jurisdiction’s ordinances relating to outdoor dining. Based on this Planning and Historic Preservation Commission
Draft Outdoor Dining Ordinance

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effort, staff compiled an updated outdoor dining ordinance that allows for both sidewalk seating and deck dining areas, like those viewed in the City of Santa Rosa. On February 11, 2025, staff presented the details of the draft ordinance to the Marysville Business Association (MBA).

The MBA had questions and comments on the ordinance provisions regarding; outdoor furniture, shade structures, lighting, handicapped access provisions, lighting applications, vehicle barrier requirements and options, visibility when considering vegetation or landscaping, alcohol service and utility repair implications. Overall, the input from the MBA was positive and supportive of the provisions within the ordinance. They did recommend making eating and drinking establishments aware of the ordinance on a citywide basis. In response, staff circulated a link to the ordinance, the PowerPoint presentation and an outline of the ordinance to these businesses.

PROJECT DESCRIPTION
The purpose of the ordinance is to promote outdoor sidewalk and street dining deck use in a cohesive, attractive and streamlined approach that adds value to the business environment. To accomplish this the ordinance is structured to address operating and development standards that apply to both outdoor sidewalk seating and dining decks. It also provides specific standards just for sidewalk seating and specific standards for dining decks. As currently structured, it allows businesses to use both sidewalk seating and a dining deck if they can meet the standards within the ordinance. The following is an overview of the key elements of the ordinance.

Application and Approval Process: To promote the use of outdoor dining venues the ordinance streamlines the approval process. An outdoor dining area that conforms to the development standards established by the ordinance can be approved administratively, via a Minor Use Permit.

Deviations from the standards will result in the business owner applying for a Minor Design Review Permit. Following the entitlement approval process an Encroachment Permit is required and depending on the level of improvements a Building and/or Fire Permit may be required.

Encroachment in the public right-of-way for a dining deck will require a stamped set of plans by a licensed architect/engineer.

Key Operational and Development Standards: The following provides a brief overview of the key elements contained within the draft ordinance. For additional information, a full summary of the draft ordinance is provided in Attachment 2.
 Visibility and Aesthetics: Outdoor dining will maintain clear visibility from the street into the business. This requirement applies to the use of vegetation or landscaping. Height limits have been established for barrier walls to allow for visibility into the business from the street as a crime prevention measure. Cohesive but not identical dining deck designs are encouraged. Corner sight visibility to promote traffic safety is established per state regulations and police needs.
 Lighting: Lighting is allowed, but solar/battery-power options are recommended. Battery powered table lamps/candles are allowed, but no open flames will be allowed. Permanent fixtures are allowed but introduces additional permitting requirements.

Planning and Historic Preservation Commission
Draft Outdoor Dining Ordinance

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 ADA and clearances: Improvements will maintain a 48-inch clear path of travel, and accessible surfaces will be required. Improvements will preserve street gutter drainage.  Vehicle safety barriers: Vehicle safety barriers are required for dining deck applications where the public parking area is being converted for public seating. Examples of appropriate barriers include sand or rock-filled planters, metal railing and aesthetically treated K-rail. All vehicle barriers must be engineered to meet vehicle crash loads.  Street eligibility: The draft ordinance limits installations to streets with speed limits of 25 mph or less and a daily trip generation of less than 5,000 average daily trips. Caltransowned highways are generally excluded (e.g., Highway 20).  Operations: Hours of use are to align with business hours. Amplified sound is allowed from 10 a.m.–10 p.m. unless modified and approved by the City. Waste management is required. Alcohol service is allowed with ABC compliance and may require additional improvements to comply with ABC standards. No food preparation, food storage or storage of materials is permitted.
 Utilities: Setbacks are established to maintain separation from seating and utilities.

Improvements in the right-of-way are not of a permanent nature and can be removed to facilitate utility repairs. Utility providers will have an opportunity to secure access requirements as part of the encroachment permit process.

Key Takeaways: The ordinance establishes a streamlined entitlement and permitting process that encourages the use of outdoor dining venues. It offers the business community the opportunity to expand their operations while promoting a safe and aesthetically pleasing use of the City’s right-of-way. It reflects a collaboration between the business community and the City to create a more vibrant experience for customers utilizing Marysville’s eating and drinking establishments.

ENVIRONMENTAL REVIEW
The proposed project is exempt from the California Environmental Quality Act (CEQA) in accordance with Section 15305 of the California Code of Regulations – Minor Changes to Land Use Limitations.

FISCAL ANALYSIS:

There is no impact because the adoption of the recommended action. This ordinance is designed to improve investment in the city of Marysville.

Attachments

1. Proposed Outdoor Dining Ordinance

2. Outline of the Proposed Outdoor Dining Ordinance
ATTACHMENT 1
ORDINANCE NO. ___

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MARYSVILLE, CALIFORNIA,

TO ALLOW OUTDOOR DINING
BY REVISING CHAPTER 18.63 OF THE MUNICIPAL CODE

WHEREAS, the City of Marysville is a Charter City and in accordance with California Constitution Section 5, subdivision (a) is empowered and make and enforce all ordinances and regulations with respect to its municipal affairs; and

WHEREAS, Section 6 of the City of Marysville’ Charter empowers the City to make and endorse all laws and regulations with respect to its municipal affairs; and

WHEREAS, Section 18.63 of the Marysville municipal code titled "Outdoor Dining" to the requirements for various types of outdoor dining was last updated in 2005; and

WHEREAS, a request to clarify requirements of section 18.63 allows for outdoor dining in the public right-of-way,

NOW, THEREFORE, the City Council of the City of Marysville does ordain as follows:

SECTION 1. Section 18.63 of the Marysville Municipal Code is replaced to read in its entirety as follows:

18.63 Outdoor Dining in Public Right of Way
A. Purpose. This section establishes standards and permit requirements for outdoor dining in the public right-of-way.

B. Definitions.

1. Outdoor Dining. “Outdoor dining” means both sidewalk dining and street dining decks.

2. Sidewalk Dining. “Sidewalk dining” means the use of an outdoor sidewalk area within the public-right-of-way, by a private business that is an eating and drinking establishment, for eating and drinking activities.

3. Street Dining Deck. A street dining deck means a platform or similar level surface within the public right-of-way and extending beyond the curb and into a roadway or on-street parking area for use by a private business that is an eating or drinking establishment.

C. Where Allowed.

1. Sidewalk Dining.
a. Sidewalk dining is allowed in the DMU, B ST, CMU, ME, MU-C, and MU-N, C-1, C-2 and C3 zoning districts. b. Sidewalk dining will not be allowed on the following streets due to higher speeds of vehicles, congestion or other impediments:
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(1) E Street from 10th Street to the Southern Levee of the City (2) 10th Street from Featherside Way to E Street
(3) 9th Street, from E Street to B Street
(4) B Street, from the 24th Street to 9th Street
(5) 12th Street, from B Street to N. Levee Road

2. Street Dining Decks. Street dining decks are allowed only in commercial zoning districts and only on streets that permit sidewalk dining, have a maximum speed limit of 25 mph and have a less than 5,000 daily vehicle trips per day.

D. Permits and Approvals.

1. Required Permits. Table 18.63-1 shows the permits required for sidewalk dining and street dining decks.

Table 18.63-1: Permits Required for Outdoor Dining in Public Right-of-way Type of Outdoor Dining Permit Required [1] Zoning Code
Chapter
Sidewalk Dining Minor Use Permit
or
Minor Design Review
Permit

18.72.010

18.87 Street Dining Decks Minor Use Permit
or
Minor Design Review
Permit

18.72.010

18.87 Custom Street Dining Deck Minor Design Review
Permit

18.87 [1] Outdoor dining in the public right-of-way also requires an encroachment permit pursuant to Municipal Code Chapter 11.02. Encroachment permits for street dining decks may be issued by the Public Works Director with the submittal of required plans.

2. Minor Use Permit Standards. All applications for a Minor Use Permit are reviewed and acted on by the Community Development Director, per section 18.72.050 of the City’s municipal code, and must comply with the following standards:
a. Sidewalk seating and street dining decks must be designed consistently with the prescriptive standards and design requirements approved by the City. b. Sidewalk seating and street dining deck must comply with all applicable requirements of this section, the Zoning Code, and all other applicable laws, administrative policies, rules, and regulations.
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c. Sidewalk seating and street dining deck must utilize high-quality, durable materials that are compatible with surrounding development and can withstand inclement weather. d. Operational requirements, barrier design, allowed furnishings, materials and additional development standards shall conform with the provisions of this ordinance. Physical and operational standards included in 18.63 F, G and H provide the evaluation criteria for City approval of an outdoor dining facility.

3. Minor Design Review Permit Findings. All applications for a Minor Design Review Permit are viewed and acted on by the Architectural Review Board or the Community Development Director. Notwithstanding Municipal Code Section 18.87 (Architectural Review), for Minor Design Review Permits issued pursuant to this section, the Architectural Review Board or the Community Development Director shall make the following findings and need not make those findings set forth in section 18.87
a. The sidewalk dining area or street dining deck complies with all applicable requirements of this section, the Zoning Code, and all other applicable laws, administrative policies, rules, and regulations.
b. The design of the sidewalk dining area or street dining deck supports a safe, inviting, and lively public realm consistent with the purpose of the zoning district as provided in the Downtown Marysville Specific Plan.
c. The sidewalk dining area or street dining deck materials include high-quality, durable materials that are compatible with surrounding development, compatible with the historic character of the building housing the main restaurant and can withstand inclement weather.

4. Good Standing. An applicant must be in good standing to apply for a permit for outdoor dining. For purposes of this section, “good standing” shall mean that within the twenty- four months directly preceding submission of a complete application for an Administrative Permit or Design Permit, the applicant has not been issued a notice of abatement, violation, or been subject to any code enforcement proceedings related to an ABC license, entertainment permit, or use permit by the City or any other regulatory or permitting agency. Any courtesy code enforcement notices received by the applicant was corrected by the applicant within the date specified on the courtesy notice retains the applicant’s good standing.

5. Other Permits and Approvals. Sidewalk and street dining decks are subject to all other applicable permits, licenses and/ or entitlements required by State or local laws and all administrative policies. At a minimum, the utilization of the public right-of-way requires the issuance of an Encroachment Permit. Based on the level of improvement, other permits may include a Building Permit and Fire Department approval, to be determined by the City.

6. Use of Public Right-of-Way. The City Council is authorized to issue administrative policies regarding the administration and leasing of the public right-of-way for sidewalk dining and street dining decks, including but not limited to the application and selection process for applicants, maintenance requirements, and other related policies.

7. Conflicts. In the event of any conflict between the provisions of this chapter and the administrative policy, the more restrictive requirement shall control.

8. Insurance. All outdoor dining establishments shall provide and maintain Commercial General Liability Insurance for the outdoor dining establishment for the duration of its use, 4 | Page
at a level specified by the City and naming the City of Maryville as an additional insured.

Permittees shall indemnify and hold harmless the City of Marysville via the permit application outdoor dining.

E. Operating and Development Standards for Outdoor Dining. All Sidewalk Dining and Street Dining Decks shall comply with the following standards:

1. Must Serve Eating and Drinking Establishment. Outdoor dining in the public right- ofway is allowed only when incidental to and a part of an “eating and drinking establishment”.

2. Use of Sidewalk Dining and Street Dining Decks. An eating establishment may have both sidewalk dining and street dining deck, so long as the uses conform to the standards established for each individual application contained in this ordinance.

3. Limited to Eating and Drinking Establishment Frontage. a. Sidewalk dining is allowed on the sidewalk directly adjacent to the eating and drinking establishment’s street frontage.
b. A street dining deck in the public right-of-way is only allowed on parking spaces that are:
(1) Wholly or partially located in the right-of-way; and (2) Directly adjacent to the eating and drinking establishment street frontage unless authorized by paragraph (c) below.
c. The City may allow an outdoor dining area to extend beyond the eating and drinking establishment frontage if:
(1) Due to the road and parking space layout, the outdoor dining area cannot be designed without extending the area beyond immediately adjacent parking spaces; (2) Extending the outdoor dining area will not have significant impact on adjoining businesses as determined by the permit review authority; and, (3) Written permission, in a form acceptable to the City, is provided by the adjacent business or landowner as part of the application process.

4. Signs.
a. Commercial signs are not permitted in or on any portion of the improvements of a sidewalk dining area or street dining deck, except as specified in section b. b. One business identification sign and one menu sign each not to exceed two square feet per sign are allowed.

5. Utilities. All outdoor dining shall not interfere with utility boxes, water hydrants, storm drains, and all other related facilities.

6. Trash and Maintenance. An outdoor dining area in the public right-of-way shall be maintained in a clean and safe condition as determined by the City, including as follows:
a. All trash shall be picked up and properly disposed of. b. All flower boxes and planters shall contain live, healthy vegetation. c. All tables, chairs, equipment, and structures must be kept clean and operational.

7. Sound. Music and amplified sound are allowed in an outdoor dining area but must conform to the City’s noise ordinance. Hours of operation are restricted from 10 a.m. to 10 p.m. unless approved by the City in association with a special event. 5 | Page

8. Hours of Operation.
a. Outdoor dining in the public right-of-way may occur between 7 a.m. and 10 p.m. seven days a week.
b. The City may allow extended hours for street dining decks for special events and holidays.

9. Open for Use. All outdoor dining in the public right-of-way must be open for use a minimum of five days per week, except in cases of inclement weather. “Open for use” means that the eating or drinking establishment must allow customers to use the outdoor dining area when the establishment is open for business.

10. Service Requirements. The outdoor preparation of food and busing or service stations are prohibited as part of sidewalk dining or street dining decks. All exterior surfaces within the seating area shall be easily cleanable and shall always be kept clean by the permittee.

Restrooms for the sidewalk dining or street dining deck shall be provided in the adjoining eating and drinking establishment. Seating for the outdoor dining shall be counted in determining the restroom requirements of the associated eating and drinking establishment.

11. Storage. The storage of food service-related materials is strictly prohibited. Storage of materials for providing food service is to be provided within the eating and drinking establishment’s permanent building.

12. Design and Materials. An outdoor dining area in the public right-of-way shall conform to the design and use of certain, high-quality materials, as follows:
a. The design of all improvements and furniture shall be of a quality to sustain weather and wear and shall be of commercial-grade materials.
b. Furniture shall be of durable materials such as wrought iron, wood, steel, or cast aluminum.

Tables should be a size suitable for seating of two to four patrons. Plastic chairs and tables are not permitted.
c. Planter boxes shall be of quality materials such as finished wood, precast concrete, terra cotta, or other pottery.
d. Umbrellas and awnings shall be solid color canvas. Sunscreens shall be a durable fabric and retractable. No generic advertising or signage is permitted.

F. Development Standards for Sidewalk Dining. All Sidewalk Dining shall comply with the following standards:

1. Sidewalk Dining Areas. Sidewalk dining areas shall be limited to the placement of tables and chairs. In addition, design elements required for ABC permit compliance for separation (fences, ropes, planters, etc.), may be included in the design but shall not exceed 36-inches in height.

2. Dining Improvements. The location of dining improvements (tables, chairs, street furniture, etc.) is critical to the safety of pedestrians within the path of travel on the public sidewalks.

The following standards provide for safe interaction between pedestrians, diners and vehicles. a. Sidewalk dining improvements shall be placed so as not to block or obstruct vehicular visibility including but not limited to a twenty-five foot (25’-0”) visibility triangle at the intersection of any two streets, and a ten-foot (10’-0”) visibility triangle at a driveway or alley intersecting a street.
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b. Sidewalk dining improvements shall be placed so as to maintain a clear path of travel that has (a) a minimum width of four foot (4’-0).
c. Sidewalk dining improvements shall be placed no closer than two feet (2’-0”) from the front face of curb.
d. Sidewalk dining improvements shall be placed so as to not block or obstruct access to building entrances and exits.
e. All outdoor dining furniture, including tables, chairs, umbrellas, and planters, shall be movable.

3. No Permanent Attachments. Permanent building roofs, awnings or umbrellas may be used in conjunction with a sidewalk dining area. Detached permanent shelters that are installed over an outdoor dining area are discouraged. Awnings shall be adequately secured, retractable, and shall comply with the Building Code.

G. Development Standards for Street Dining Decks. All street dining decks shall comply with the following standards:

1. Stormwater Drainage. All street dining decks must allow for adequate stormwater drainage.
a. Dining decks shall not block the drainage flow along the gutter line. b. Dining decks shall not block access into any drain inlet or other drainage/stormwater facility.

2. Street Deck Dining Areas. Street deck dining areas shall be limited to the placement of tables, chairs and umbrellas. In addition, design elements required for ABC permit compliance for separation (fences, ropes, planters, etc.), may be included in the design but shall not exceed 36- inches in height.

3. Fire Safety and Emergency Access. Street deck dining areas shall never obstruct emergency responders’ access to and from a building and shall never block fire hydrants or hose connections. The use and storage of propane is regulated by the Fire Department and shall require a separate approval prior to the use of any amenities that involve the use of propane heaters or other heating equipment.

4. Sightlines & Visibility. Design of a street deck dining area shall maintain clear sightlines into and through the seating area. The street shall be visible through the deck area when standing on the sidewalk. A street deck dining area shall not obstruct pedestrian visibility, crosswalks, or traffic signals or other traffic warning devices.

5. Structural Integrity. Street dining decks and all of its components shall be built with structural integrity to ensure public safety. The decking structure and its components shall be built to support anticipated live loads and wind loads. Drawings and calculations submitted for permitting shall be stamped and signed by a design professional registered in the State of California.

6. Traffic Safety. A street dining deck shall not obstruct pedestrian visibility, crosswalks, bicycle lanes, traffic signals or other traffic warning signs or devices. 7 | Page

7. Roadway Alterations. No alterations shall be made to the public roadway, including stickers or spray paint, unless approved by the City.

8. General Aesthetics. Street dining decks shall be aesthetically pleasing by including the following:
a. Modular and movable outdoor dining furnishings.
b. The design, materials and colors of all outdoor dining furnishings shall be coordinated and shall match the associated business establishments design, colors and materials. c. Any umbrella, patio cover or tabletop lighting shall not create glare or illuminate an area outside of the dining area and cannot extend beyond the barrier walls into the vehicle travel lane.
d. All exposed support structures shall be covered with stains or decorative wood treatments, metals, ceramic tile, stone or cementitious products

9. Prohibited Design Elements. The following design elements will not be permitted:
a. Pop-up tents
b. Outdoor carpeting or faux lawn products
c. Lattice (wood or plastic)
d. Pallets
e. Plastic table or chairs
f. Plastic or vinyl fences, trellis, or furniture (including umbrellas) g. Picket fencing
h. Chain link fencing
i. Hinged metal pet enclosures
j. Other substandard materials as determined by the Community Development Department.

10. Framing. Framing shall be a freestanding structural foundation that rests on the street roadway surface. Additionally, it shall conform to the following standards:
a. No features or structural components may be permanently attached to the street roadway, gutter, curb, planting area, or sidewalk. Deck platform framing shall be as specified in construction drawings provided by a licensed designer. Framing shall be supported on pressure treated lumber or pedestals.
b. A deck’s surface shall be minimum 1½” inch thick wood decking boards or ¾” weather treated plywood sheathing secured to framing. Composite decking is to be installed per the manufacture’s specifications and approved plans.
c. Pavers or other materials may be applied over plywood sheathing. Loose particles, such as 8 | Page
sand or loose stone, are not permitted on the deck platform. Deck platform surface materials must be textured or treated with a nonskid coating to ensure a safe walking surface

11. Walls. A continuous rigid physical separation is required to separate street dining deck areas from vehicular traffic on all sides open or adjacent to the roadway. The traffic barriers must meet the following requirements:
a. Walls shall have a railing with a minimum height of 42 inches (measured from the platform surface) and openings of no more than 4 inches.
b. Have cable or flexible rail with a solid rail at the top and a solid rail at the bottom. The bottom rail must be at least 5 inches high from the floor. c. Perimeter walls shall resist a single concentrated load of 200 pounds applied in any direction at 42 inches above top of platform surface. In addition, the wall shall resist a load of 50 pounds per linear foot applied in any direction at 42 inches above top of platform surface.

12. Roofing. Extending the vertical components to support plywood, polycarbonate or metal roofing is discouraged. Permittees shall contact the City to discuss roofing proposals prior to the submittal of the formal application. The Permittee must also contact any overhead utility providers to confirm that the proposed roofing structure does not interfere with the clearances of any conductors.

13. Bolting. Decks shall not be bolted to the existing pavement or concrete improvements. If bolting is needed to ensure the structural integrity of the decking and other reasonable methods for ensuring structural support and wind resistivity cannot be implemented, the City may allow the deck or associated structures to anchor into the roadway.

14. Lighting. Lighting should be 3000 to 2700 Kelvin or warmer. Lighting brightness shall be at the discretion of the Planning Staff. Light sources should not cause unpleasant glare and especially not to someone that is not in the deck area. Solar-powered lighting is preferred. Lights that utilize a permanent power source may be approved on a case-by-case basis. The following lighting types shall be permitted in the dining deck design:
a. Lantern style lighting property secured and suspended from vertical support structures within the parklet.
b. Standard LED string lights will be attached to vertical support structures within the dining deck footprint. String lights may extend outside the footprint of the dining deck and attach to adjacent trees or a building on a case-by-case basis. String lights must be hung at a minimum of 8’ in height and may not impede any Fire Department access to adjacent structures or City right-of-way operations.
c. Artificial battery-operated candles.

15. Deck Threshold. The deck of the street dining platform shall be flush with the sidewalk without a horizontal or vertical separation greater than ½”. Vertical separations between ¼” and ½” high 9 | Page
shall be beveled with a slope not steeper than 1:4 (25%).

16. Emergency Removal. The Deck may be removed by the City or a utility provider in the case of emergencies or utility emergencies.

17. Inclusive Design (ADA Compliance). Street dining deck designs shall be accessible to all users, including people with physical disabilities, wheelchair users and those with impaired vision. Inclusive design elements that shall be considered as part of a street dining deck include the following:
a. Entrance to street deck dining facility shall be a minimum 48 inches wide. All entrances are required to be flush with the sidewalk and accessible per the California Building Code, Chapter 11B. Vertical elevation differences above 1/2 inches require an accessible ramp (1:12 max slope).
b. An accessible route connecting the sidewalk through the accessible entrance, to the deck surface, wheelchair turning space and wheelchair seating area shall be provided. c. A wheelchair turning space 60 inches in diameter and located entirely within the platform shall be provided; a 12- inch maximum overlap on the curb and sidewalk is acceptable. d. A 30-inch by 48-inch clear floor area shall be provided. A minimum 4-foot maneuvering clearance is required from the front edge of wheelchair seating area to the table or counter.

H. Enforcement.

1. General. The City shall have all enforcement remedies permitted by law, including but not limited to those in Chapter 9.50 of the Marysville Municipal Code (Nuisance Abatement).

2. Inspection. Any outdoor dining facility may be subject to inspection by the City as needed to ensure compliance with this section, conditions of approval, and administrative procedures.

3. Maintenance. Applicants shall keep and maintain the outdoor dining facility and all improvements thereon in good repair and in a neat and satisfactory condition and shall make all repairs and replacements that are necessary. The City may enter the outdoor dining facility at all reasonable times to inspect the same. Upon notification by the City, all maintenance requests must be addressed within 24 hours.

4. Removal of Obstructions. If a permit is suspended or revoked, the city may require the immediate removal of all obstructions to the public right-of-way. If the permittee fails to remove such obstruction(s) in a timely manner, the city may cause the obstructions to be removed, and the permittee shall reimburse the city for any costs incurred.

5. No Property Interest. The issuance of a minor design review permit for outdoor dining does not confer any property interest on the person and/or business to which it applies. The permit is considered temporary and non-permanent in nature and is subject to suspension or revocation as provided in this section. The city is not liable for any business loss, property loss, or other damage that may result from any suspension or revocation of the permit, and no permittee shall maintain any claim or action against the city, its officials, officers, 10 | Page
employees, or agents on account of any suspension or revocation.

SECTION 2. Severability.

If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City of Marysville hereby declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof.

SECTION 3. Effective Date.

This Ordinance shall take effect thirty (30) days after its adoption by the Marysville City Council.

The foregoing Ordinance is passed by the City Council of the City of Marysville on the ______________day of ______________, 2026 by the following votes:

Ayes:

Noes:

Absent:

Abstain:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City this ____________ day of _________, 2026.

CITY OF MARYSVILLE, CALIFORNIA
By its City Council

By: ________________________________
Chris Branscum, Mayor

By: _____________________________
Margaret Sanchez, City Clerk

Attestation Date: __________________

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