ATTACHMENT 2
City of Marysville Outdoor Dining Ordinance
Outline
February 25, 2026
I. DEFINITIONS:
Outdoor Dining is permitted in certain zoning districts. It is divided into two categories:
a. Sidewalk Dining - Seating area within the Public Right of Way – PROW. b. Street Dining Deck - Platform or decking built within the PROW, primarily in the parking area adjacent to an approved eating or drinking establishment.
II. APPROVALS:
a. Approval of Sidewalk Dining or Street Deck Dining can be approved administratively through a Minor Use Permit (Community Development Director) when in compliance with the standards in the Outdoor Dining Ordinance.
b. Deviations from the standards will require a Minor Design Review Permit. c. Following approval of the plan for outdoor sidewalk dining an Encroachment Permit is required.
d. Based on the level of improvement, other permits may be required (Building and Fire).
III. OPERATING AND DEVELOPMENT STANDARDS FOR BOTH APPLICATIONS a. Restricted to an eating and drinking establishment.
b. An establishment may use both sidewalk and dining deck improvements. c. Limited to eating and drinking establishment frontage with the ability to extend beyond with appropriate approvals.
d. Signage is not allowed except for one menu sign and one identification sign. e. Improvements shall not interfere with utilities.
f. Standards are included for trash and maintenance.
g. Music and amplified sound is allowed from 10 a.m. to 10 p.m. h. Outdoor dining must be open 5 days a week except for inclement weather. i. Food preparation is prohibited and restrooms should be available. j. Storage of food service-related materials is not allowed. k. Design and materials will be of high quality as described in the ordinance.
IV. SPECIFIC DEVELOPMENT STANDARDS FOR SIDEWALK DINING
a. Sidewalk dining is limited to the placement of chairs and tables, unless alcohol is being served requiring physical improvements as required for ABC compliance. b. Dining improvements will conform to standards established within the ordinance. For example, maintaining a 4-foot-wide path of travel, etc…. c. Permanent building roofs, awnings or umbrellas are allowed.
V. SPECIFIC DEVELOPMENT STANDARS FOR STREET DINING DECKS a. All street dining decks must allow for adequate stormwater drainage. b. Improvements are limited to chairs, tables and umbrellas and will comply with ABC requirements.
c. Improvements will not impede fire safety, hydrant or emergency access. d. Improvements will not impact sightlines into and through the seating area. e. Dining deck design will be developed, stamped and signed by a design professional registered in the State of California.
f. Dining deck design will not obstruct visibility or create a traffic hazard. g. Roadway alterations are not allowed unless approved by the City. h. Street dining decks will be aesthetically pleasing as established in the ordinance. i. Prohibited design elements include, but are not limited to; pop up tents, outdoor carpeting, lattice, pallets, plastic chairs or tables, plastic or vinyl fences, etc… j. Framing will be a freestanding structural foundation that rests on the street roadway. k. A continuous rigid physical wall or barrier is required to separate street dining deck areas from vehicular traffic. Specified provisions to maintain safety are contained in the ordinance.
l. Roofing is discouraged but can be approved by the City. m. Decks are discouraged from bolting to the existing pavement but can be approved by the City.
n. Lighting is allowed with the preference being solar powered, The ordinance also has specific recommendations. Permanent lighting will require additional City approvals. o. Deck threshold is required to be flush with the sidewalk. p. Dining deck will be designed to be inclusive and meet ADA requirements.
VI. ENFORCEMENT
a. City has all enforcement remedies permitted by law, for non-compliance. b. Any outdoor facility may be inspected by the City for compliance. c. Applicants are required to keep and maintain all improvements in good repair and satisfactory condition.
d. Suspension of a permit allows the City to demand immediate removal of improvements. If the applicant does not comply, then the City has the right to remove them, and the applicant will be responsible for the cost incurred. e. The applicant has no property interest, and the permit can be revoked by the City. f. Determination by a court that a provision(s) is invalid does not affect the validity of the remaining portion of the ordinance.