HomeMy WebLinkAboutO-3206 - Amending Title 22 of the MMC and Adding New Chapter 22C.260 Mobile Food VendorsCITY OF MARYSVILLE
Marysville, Washington
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF MARYSVILLE, WASHINGTON,
AMENDING TITLE 22 OF THE MARYSVILLE MUNICIPAL CODE BY
AMENDING SECTION 22A.020.140 AND ADDING NEW CHAPTER
22C.260 MOBILE FOOD VENDORS.
WHEREAS, the State Growth Management Act, RCW Chapter 36.70A mandates that
cities periodically review and amend development regulations which include but are not
limited to zoning ordinances and official controls; and
WHEREAS, RCW 36.70A.106 requires the processing of amendments to the Clty|s
development regulations in the same manner as the original adoption of the City s
comprehensive plan and development regulations; and
WHEREAS, the State Growth Management Act requires notice and broad public
participation when adopting or amending the City's comprehensive plan and development
regulations; and
WHEREAS, the City, in reviewing and amending its development regulations has
complied with the notice, public participation and processing requirements established by the
Growth Management Act, as more fully described below; and
WHEREAS, the City Council of the City of Marysville finds that from time to time it is
necessary and appropriate to review and revise provisions of the City's municipal code and
development code (MMC Title 22); and
WHEREAS, the Marysville Planning Commission held three workshops on September
28, October 26 and November 13, 2021, during which the Planning Commission discussed
proposed amendments to Title 22 MCC regarding mobile food vendors, which proposed
amendments would specifically add a new chapter 22C.260 and amend MMC 22A.02.140; and
WHEREAS, the proposed amendments are consistent with the following required
findings of MMC 22G.010.520:
(1) The amendments are consistent with the purposes of the comprehensive plan;
(2) The amendments are consistent with the purpose of MMC Title 22;
(3) There have been significant changes in the circumstances to warrant a
change;
(4) The benefit or cost to the public health, safety and welfare is sufficient to
warrant the action.
WHEREAS, on December 14, 2021, the Marysville Planning Commission held a duly-
advertised public hearing, and recommended that the City Council adopt the proposed
amendments to the City's development regulations; and
WHEREAS, at a public meeting on January 10, 2022 the Marysville City Council
reviewed and considered the Marysville Planning Commission's Recommendation and
proposed amendments to the City's development regulations; and
WHEREAS, the City of Marysville has submitted the proposed amendments to the
Washington State Department of Commerce on November 16, 2021 seeking expedited review
under RCW 36.70A.106(3)(b) and in compliance with the procedural requirements of RCW
36.70A.106; and
WHEREAS, a notice of application was given on November 15, 2021 by the City of
Marysville requesting State Environmental Policy Act review and approval for the proposed
amendments related to regulations associated with Mobile Food Vendors pursuant to the
optional DNS process outlined in WAC 197-11-355.
WHEREAS, a SEPA Determination of Non-Significance was issued on December 15,
2021 pursuant to the optional DNS process outlined in WAC 197-11-355.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MARYSVILLE DO
ORDAIN AS FOLLOWS;
Section 1. Amendment of Municipal Code. MMC Section 22A.020.140, entitled
"M" Definitions, Is hereby amended to add the following definitions, as follows:
22A.020.140 "M" Definitions.
"Mobile food vending unit" means a truck or trailer licensed as a vehicle and
equipped with facilities for cooking and/or sellino food.
"Mobile food vendor" means a person or entitv that sells food from a mobile
vendino unit.
Section 2. Amendment of Municipal Code. MMC Title 22C Land Use Standards
is hereby amended by adopting a new chapter MMC 22C.260 Mobile Food Vendors, as follows:
MMC 22C.260.010 Purpose.
The purpose of this section is to support local business owners, stimulate economic vitality,
and protect public health and safetv associated with the operation of mobile food vending
units.
MMC 22C.260.020 Application,
Mobile food vendors ooeratlna on private prooertv shafl provide the CItv with the following
information.
ri^ All mobile food vendors shall reouire a business license per Chapter 5.02 MMC.
(2) A site plan depicting the following:
fal Vehicle inoress and eoress:
fbl Location of the mobile food vending unit, signs, and accessorv eouipment
such as tables and canopies, if anv: and
fc^ Site conditions including prooertv lines, parking, and buildings.
(3) Photograph of the mobile food vending unit, proposed signs, and anv accessory
equipment.
f4'i Copy of Snohomish Health District permit.
(5) Evidence of current Washington state vehicle registration.
fS't The mobile food vendor must obtain a signed agreement between the property
owner and the mobile food vendor allowinQ use of the property for the mobile food
business inciudina written permission from the property owner for employees of the
mobile food vendor to use the property owner's restroom. Portable restrooms are not
permitted on site.
(7^ Certificate of public liability insurance in an amount not less than $500.OOP for
injuries, including those resulting in death, resulting from anv one occurrence, and on
account of anv one accident.
(8) Property damage insurance of not less than $25.000 for damages on account of
anv one accident or occurrence.
MMC 22C.260.030 General Regulations.
The foliowina General regulations apply to mobile food vendors.
(1) Mobile food vending units shall be temporary in nature, and mav not operate from
the same property more than three davs of anv calendar week, or twelve days per
month.
(2) The hours of operation for mobile vending are limited to 7:00 a.m. to 11:00 p.m.
(3^ No portion of the mobile food vending unit mav be used as sleeoinQ quarters.
(4) All attachments to the mobile food vending unit including, but not limited to.
signs, lights, overhangs and awnings, shall be maintained in a manner that does not
create a hazard to pedestrians, customers or vehicles.
(5) Mobile food vendors shall not obstruct sidewalks, streets, access points, fire
lanes, or parking lot circulation bv either the location of the mobile food vending unit
or its accessories.
fSI The mobile food vendor shall comply with MMC Chapter 16.12. National Electrical
Code and Washington Cities Electrical Code, for electrical service to the mobile food
vending unit. Electrical lines shall not be located overhead or on the ground in any
location to which the oublic has access.
(71 All mobile food vending units shall obtain Fire District approval prior to operating
in the Citv and shall comolv with all Fire District standards.
Trash and Other Waste.
fit The mobile food vendor shall leave the site clean and vacant each dav.
including picking up all trash and litter within 100 feet of the mobile food vending
unit.
fli^ Trash receptacles not intended for customer use shall be screened from
public view and securely covered.
Ciii^ The mobile food vendor shall install and maintain an adequate grease trap
in the mobile food vending unit.
fiv") Grease shall be orooerlv disposed of per adopted Washington State health
regulations.
fvl Wastewater generated bv the mobile food vending unit shall be disposed of
In a proper manner and documented.
MMC 22C.260.040 Permitted Locations.
(1) Mobile food vending units shall be prohibited in the following areas:
(a'i Any residential zones and abutting riohts-of-wav.
(b) City rights-of-wav.
fc^ Private streets.
fdl Parking areas unless it can be demonstrated that the minimum parking
reouirements are met on each site.
fe^ Mobile food vending units mav be allowed within the prohibited areas in
subsections a - c above if approved as part of a special event permit, or when
approved to be located on a Citv owned property.
(2^ Mobile food vending mav be allowed on Citv owned properties approved pursuant
to either Citv contract, or a special event permit per MMC Chapter 5.46 and Section
22C.260.Q60.
f3) Mobile food vending units shall be located at least 100 feet from an existing
eating and drinking place except when the legal owner of the eating and drinking place
provides written permission for the vending unit to be located closer. Distance shall be
measured using the shortest possible straight line from the closest edge of the mobile
food vending unit to the closest edoe of the restaurant building
^41 Mobile food vending units are allowed on private properties in commercial.
Industrial, recreation and public institutional zones. Mobile food vendors are subiect to
the following reouirements:
fal One portable ooo-up tent that does not exceed 120 square feet or up to
three tables with beach tvoe umbrellas mav be permitted accessory to the mobile
food vending unit. No cooking shall take place under the tent. Umbrellas and
canopies must be removed at the end of the dav.
fbl The mobile food vending unit mav not diminish reouired off-street parking
for another use.
fc^ The mobile food vending unit shall conform to the standard front setback for
the zoning district.
fd') All temporary sianaae associated with the mobile food vending unit shall be
limited to 10 square feet.
MMC 22C.260.050 Special Event Permit
Mobile food vendors may operate on private and public properties as part of an
approved special event permit, subject to the following:
fal Management of vendors, such as vendor selection, booth location and
products offered, shall be the resoonsibilitv of the event sponsor. Through the
special event permit process, the Citv mav reoulate the location of vendors to
protect the health, safetv and General welfare of the public and ensure that the
event does not adverselv affect the abilitv of the Citv to perform its duties and
functions.
fb^ The event sponsor shall be responsible for ensurino that the vendors who
prepare food or beverages on or off site, and who intend to sell or serve food or
beverage items to the public, have the reoulred insurance poiicv as required bv
the Citv's current insurance provider. Said insurance shall list the Citv of
Marysville as additional insured and will include the endorsement of said oolicv.
fc'i The event sponsor shall be responsible for ensuring that all food vendors
have the necessarv permits from the Snohomish Health District or other
applicable State or Countv reoulatorv aoencv.
MMC 22C.260.060 Revocation of Permit.
fl) A mobile food vendor, permitted pursuant to this section, mav have its license revoked.
suspended, or denied subject to Section 5.02.130 if the Citv finds:
(a) The vendor has violated or failed to meet the terms of this section or other
applicable sections of the municipal code or conditions of approval: or
fbl The mobile food vending unit operation is detrimental to the surrounding
businesses or to the public due to either appearance or conditions of the unit.
Section 3. Amendment of Municipal Code. MMC Section 22A.010.160, entitled
"Amendments," is hereby amended as follows by adding reference to this adopted ordinance
in order to track amendments to the City's Unified Development Code (all unchanged
provisions of MMC 22A.010.160 remain unchanged and in effect):
"22A.010.160 Amendments.
The following amendments have been made to the UDC subsequent to its adoption:
Ordinance Title fdescription^ Effective Date
Mobile Food Vendors I /l^ / 2022"
Section 4. Severabiiitv. If any section, subsection, sentence, clause, phrase or
word of this ordinance should be held to be invalid or unconstitutional by a court of competent
jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or
constitutionality of any other section, subsection, sentence, clause, phrase or word of this
ordinance.
Section 5. Corrections. Upon approval by the city attorney, the city clerk or the
code reviser are authorized to make necessary corrections to this ordinance, including
scrivener's errors or clerical mistakes; references to other local, state, or federal laws, rules,
or regulations; or numbering or referencing of ordinances or their sections and subsections
Section 6. Effective Date. This ordinance shall become effective five days after
the date of its publication by summary.
PASSED by the City Council and APPROVED by the Mayor this day of
, 2022.
CITY OF MARYSVILLE
Attest:
By:'C—b
By:
DEPUTY CITY CLERK
Approved as to form:
By:
JON WALKER, CITY ATTORNEY
Date of Publication: \ I ItoH,
Effective Date:I 1'^ I
(5 days after publication)