ATTACHMENT 1
ORDINANCE NO. 1474
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MARYSVILLE, CALIFORNIA,
TO ALLOW OUTDOOR DINING AND MODIFYING THE MUNICIPAL CODE FOR ANIMALS BY REVISING CHAPTER 18.63 AND TITLE 8 OF THE MUNICIPAL CODE WHEREAS, the City of Marysville is a Charter City and, in accordance with Article XI, Section 5, subdivision (a) of the California Constitution, is empowered to make and enforce all ordinances and regulations with respect to its municipal affairs; and
WHEREAS, Section 6 of the City of Marysville’s Charter empowers the City to make and enforce all laws and regulations with respect to its municipal affairs; and WHEREAS, Section 18.63 of the Marysville Municipal Code, titled “Outdoor Dining,” establishes the requirements for the various types of outdoor dining and was last updated in 2005; and WHEREAS, a request has been received to update the requirements of Section 18.63 to allow for outdoor dining in the public right-of-way; and
WHEREAS, the Marysville Police Department has requested that Title 8 of the Marysville Municipal Code (Animals) be updated to reflect changes in referenced State law and current practices regarding certain animals; and
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. Eating and/or Drinking Establishments. An “Eating Establishment” is a business that is primarily based on the sale of food but may also provide alcoholic beverages in conjunction with food service. A “Drinking Establishment” is a business that is focused primarily on the service of alcoholic beverages but may provide food service as an ancillary use.
3. 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/or drinking establishment, for eating and drinking activities.
4. Street Dining Deck. A street dining deck means a platform orsimilar levelsurface 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 and/or drinking establishment. 2 | P a g e
5. Smoking. “Smoking” is broadly defined to include holding or possessing any “lighted, burning, operating cigarette, cigar, electronic smoking device, hookah, pipe, plant, vaporizer, weed or other combustible substance"
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:
(1) E Street from 10th Street to the Southern Levee of the City (2) 10th Street from Featherside Way to E Street
(3) 9
th 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 3 | P a g e
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.
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 orstreet 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 proceedingsrelated to an ABClicense, 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. 4 | P a g e
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 ofthe public right-of-way forsidewalk 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 eating and/or drinking establishments shall provide and maintain Commercial General Liability Insurance for the outdoor dining establishment for the duration of its use, at a level specified by the City and naming the City of Marysville as an additional insured. Permittees shall indemnify and hold harmless the City of Marysville via the permit application for 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/or Drinking Establishment. Outdoor dining in the public rightof-way is allowed only when incidental to and a part of an “eating and/or drinking establishment”.
2. Use of Sidewalk Dining and Street Dining Decks. An eating and/or drinking 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/or Drinking Establishment Frontage. a. Sidewalk dining is allowed on the sidewalk directly adjacent to the eating and/or drinking establishment’sstreet frontage.
b. A street dining deck in the public right-of-way is only allowed on parking spacesthat are:
(1) Wholly or partially located in the right-of-way; and (2) Directly adjacent to the eating and/or 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/or 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 orstreet dining deck, except asspecified in section b. 5 | P a g e
b. One businessidentification sign and one menu sign each not to exceed two square feet per sign are allowed.
5. Utilities. All outdoor seating and associated improvements 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 asfollows:
a. All trash shall be picked up and properly disposed of. b. All flower boxes and plantersshall 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.
8. Hours of Operation.
a. Outdoor dining in the public right-of-way shall be consistent with the business’s hours of operation, but shall not be allowed to operate after 2 a.m. 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 and/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/or drinking establishment. Seating for the outdoor dining shall be counted in determining the restroom requirements of the associated eating and/or 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/or drinking establishment’s permanent building.
12. No Smoking. No person shall engage in smoking in any sidewalk seating or street deck dining area, and no person with legal control over a sidewalk seating or street deck dining area shall permit smoking in these areas. Sidewalk seating or street deck dining areas shall be signed to inform customers of it being a “No Smoking” area.
13. 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 6 | P a g e
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 areasshall 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.
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. 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. Allstreet dining decks shall comply with the following standards:
1. Stormwater Drainage. All street dining decks must allow for adequate stormwater drainage.
a. Dining decksshall 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 areasshall be limited to the placement oftables, chairs and umbrellas. In addition, design elements required for ABC permit compliance for separation (fences, ropes, planters, etc.), may be included in the design butshall not exceed 36- inches in height.
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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. 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) 8 | P a g e
g. Picket fencing
h. Chain link fencing
i. Hinged metal pet enclosures
j. K-rail or similar product that has not been screened or enhanced architecturally to the satisfaction of the Community Development Department
k. 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 constructed to the satisfaction of the Director of Public Works 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 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.
d. The use of K-rail or similar products is allowed when conforming to sections a-c above, and when enhanced via screening or architectural treatment is used in a manner that is acceptable to the Community Development Department.
12. Roofing. Extending the vertical components to support plywood, polycarbonate or metal roofing is discouraged. Applicants shall contact the City to discuss roofing proposals prior to the submittal of the formal application. The Applicant must also contact any overhead utility 9 | P a g e
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 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. The City or utility provider is not liable for any business loss, property loss, or other damage that may result from any emergency removal of private improvements, and no applicant shall maintain any claim or action against the city or utility, its officials, officers, employees, or agents.
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. 10 | P a g e
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. Applicant is responsible for all costs incurred when addressing required repairs identified by the City.
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, employees, or agents on account of any suspension or revocation.
SECTION 2. Sections 8.12.020(17), 8.12.100, 8.12.130, and 8.12.390 of the Marysville Municipal Code is replaced to read in their entirety as follows:
8.12.020 Definition of terms.
The following terms used in this chapter are defined as follows:
(17) "Livestock" includes all domesticated bovine, equine, swine, ovine, avian and rodent species.
8.12.100 Emergency summary action.
Notwithstanding any other provisions of this chapter, if the animal control officer or a peace officer finds an injured cat or dog without its owner in a public place, and away from the owner’s property, the animal control officer shall take such animal to a veterinarian as specified in Penal Code Section 597.
The animal control officer may, with the approval of his or her immediate supervisor, humanely destroy any abandoned animal in the field in any case where the animal is too severely injured to move or where a veterinarian is not available and it would be humane to dispose of the animal. (Ord. 1289 § 1 (part), 2005).
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8.12.130 Dog licenses—Exceptions.
(d) Residents, sixty-five years of age or older, may have one dog per household licensed free of charge for a period not to exceed thirty-six months. Proof of owner’s age shall be provided by a valid driver’s license, birth certificate, or similar document.
8.12.390 Fencing.
(b) It shall be the responsibility of the property owner, lessee, or caretaker to maintain or install fencing that will prevent the ingress and egress of any domestic animal housed, corralled or grazed on the property.
SECTION 3. 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 4. 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: __________________