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Community and Economic Development
Planning Division
18204 59th Avenue NE,Arlington,WA 98223
RENEWAL
ADMINISTRATIVE CONDITIONAL USE PERMIT
MOBILE SALES AND DELIVERY
STAFF REPORT AND PERMIT DECISION
GENERAL INFORMATION
File Number: PLN #1201 /PJ26-0115
Project Title: Tacos La Mas Fregona ACUP
Owner/Applicant: Evangelina Gutierrez
Contact: Evangelina Gutierrez
Description: Mobile Food Truck
Location: 137 N Olympic Ave
Zoning Classification: Old Town Business District 1
Land Use Designation: Old Town Business District 1
Proposed Use Classification: Mobile Sales and Delivery
City Approvals Required: Administrative Conditional Use Permit
Date of Decision: April 27, 2026
Decision: APPROVED,with Conditions
Administrative Conditional Use Permit-Site Plan Review
Taco La Mas Fregona PLN#1201/PJ26-0115
Page 1 of 9
I. NATURE OF APPLICATION
A. Request
The applicant is proposing to operate a food truck located behind Donalson Electric 137 N Olympic
Ave. There are several city sidewalks and public parking located on the street as well as additional
public parking across the street at Legion Park.Additionally,there are pedestrian crossings to the north
and northwest of the site,which will reduce pedestrian hazards.
B. Project Chronology/Background
A formal Administrative Conditional Use Permit application was submitted to the Community&
Economic Development Department on March 5, 2024,and issued on April 30, 2024.
The request for renewal of the Administrative Conditional Use Permit was submitted on February 19,
2026,with a resubmittal on April 24, 2026. Staff routed the materials to city review staff on February
19, 2026 and April 27, 2026.
C. Site Location/Description
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property
located at 137 N ` -Olympic Ave E 2n;d St
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Southeast corner of N Olympic Ave and E 2nd St, East of the building
Administrative Conditional Use Permit-Site Plan Review
Taco La Mas Fregona PLN#1201/PJ26-0115
Page 2 of 9
D. Site and Adjacent Zoning/Uses
The property is
located at 137 N
Olympic Ave
Area Zoning Proposed Use
Proposed Location Old Town Business District 1 Mobile Sales and Delivery
II. PROJECT CONSISTENCY WITH TITLE 20 AMC, ZONING
A. Applicable Review Criteria and Process
The Administrative Conditional Use Permit request is subject to review for conformity with the
Arlington Municipal Code (AMC),including but not limited to the following:
Regulation I Analysis Meets
Chapter 20.16 AMC,Permits and Final Plat Approval
20.16.010 (A) Permits Required.The use of a The applicant submitted an
property may not be substantially changed,land Administrative Conditional Use
clearing,grading,filling,or excavation may not be Permit application for site plan
commenced,and buildings or other substantial review.The Community&Economic Yes
structures may not be constructed, erected,moved, Development Department is
or substantially altered except in accordance with responsible for the permit decision
and pursuant to one of the city's permits. and the decision is appealable to the
Hearing Examiner.
Administrative Conditional Use Permit-Site Plan Review
Taco La Mas Fregona PLN#1201/PJ26-0115
Page 3 of 9
Regulation Analysis Meets
20.16.110 Who May Submit Permit Applications. The owner,Evangelina Gutierrez,
(a)Applications for Administrative Conditional Use submitted the application for Taco
Permits will be accepted only from persons having La Mas Fregona.
the legal authority to take action in accordance with
the permit or the subdivision plat approval.By way
of illustration,in general this means that Yes
applications should be made by the owners or
lessees of property,or their agents,or persons who
have contracted to purchase property contingent
upon their ability to acquire the necessary permits
under this title.
20.16.120 Official Representative of the Applicant. The owner,Evangelina Gutierrez,
The applicant for each land use permit shall designated herself as the official
designate an official representative,which may be representative for the subject
themselves,to receive all correspondence, permit. Yes
determinations,and notices regarding the
application.
20.16.150 Vesting of Permits. This proposal was deemed complete
(1) Land use permit applications shall be on February 19, 2026,and thus
considered vested on the date that an application is vested to the code at the time for the
deemed complete pursuant to 20.16.205 and Administrative Conditional Use
applications shall be processed under the land use Permit.
regulations in effect on that date.However,
subsequent permits on the same property are not
vested on this date. Yes
(2) Filing of a permit application does not vest the
payment of fees. Fees due,including impact
mitigation fees,application fees,or other charges,
shall be those fees in effect on the date the fee is
paid in accordance with the most current city
council fee resolution.
20.16.200 Applications to Be Complete. The application was deemed
(a)All applications for zoning,special use, complete on February 19,2026.
conditional use,or sign permits must be complete Yes
before the permit-issuing authority is required to
consider the application.
Regulation Analysis Meets
Administrative Conditional Use Permit-Site Plan Review
Taco La Mas Fregona PLN#1201/PJ26-0115
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20.16.205 Complete Application. A Notice of Complete application
(a)Upon receipt of a formal application for a Zoning, was issued on February 26, 2026
Special Use,or Conditional Use Permit,or plat with the issuance of review
approval,the Community and Economic comments.
Development Director shall review the application
and,at his discretion,confer with the applicant to Yes
ensure that the planning staffs interpretation of the
applicable requirements of this title is understood,
that he has submitted all of the information that he
intends to submit,and that the application
represents precisely and completely what he
proposes to do.
20.16.215 Distribution of Application. The application was routed to all
Upon receipt of a Zoning,Special Use or Conditional effected city departments on
Use Permit application,the Planning Official shall,in February 19, 2026 and April 24,
addition to all interested City Departments,send a 2026. Yes
copy of the application to the authorities and
agencies reviewing or furnishing water,fire,school,
and sanitary sewer service to the proposed project.
20.16.270 Time Limitations for Permit Processing. The proposed administrative
(a) The City shall issue its notice of final decision on conditional use permit was reviewed
a permit application within 65 days after the and issued within the 65-day
Community and Economic Development Director timeframe per the following dates:
notifies the applicant that the application is Action Date
complete,as provided in 20.16.205. In determining Date of Application 2/19/2026
the number of days that have elapsed,the following Yes
periods shall be excluded: Notice Complete 2/26/2026
15t Comments(1)Any period during which the applicant has been Application t
requested to correct plans,perform required Sent z/z6/zoz6
studies,or provide additional required information. Resubmittal 4/z4/zoz6
Decision 4/27/2026
Total Process Days: 3 of 65 Days
Chapter 20.36 AMC,Zoning Districts and Zoning Map
20.36.020 (c) The Administrative Conditional Use
The Old Town business district(OTBD) zone is Permit will operate within Old Town
established to accommodate a mix of a wide variety Business District 1.The Mobile Sales
of commercial activities and vertically oriented, and Delivery are allowed within the
high-capacity residential uses in a pedestrian Old Town Business District 1.
oriented environment.The Old Town business Yes
district is comprised of three different subdistricts,
identified as,central business districts (CBD) 1,2
and 3),with each one having its own nuances
regarding permissible uses,parking,and signage.
Administrative Conditional Use Permit-Site Plan Review
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Regulation I Analysis Meets
Chapter 20.40.140 AMC,Industrial Zones Permissible Use Table
20.40.010 Table of Permissible Uses. The proposed Mobile and Delivery
The Tables of Permissible Uses sets forth the Sales is an allowed use per the
permissible uses within the respective zoning permissible use table within the Old
classifications in the city,subject to other applicable Town Business District
provisions in this title.It should be read in close Yes
conjunction with the definitions of terms set forth in
section 20.08 and the other interpretive provisions
set forth in this article.
Use NC OTBD-1 I OTBD-2 I OTBD-3 I GC1 CC2 HC1
Retail Trade-Outside Storage of Goods and Display Allowed
Mobile Sales and Delivery 16 1 ACUP I ACUP I ACUP ACUP ACUP ACUP ACUP
1 Residential Uses are only allowed in the general commercial and highway commercial zones when regulated by the mixed-
use development regulations,Section 20.110.All permissible uses shall meet the Use Table Requirements of the specific
Place type and transect of the property of the intended use.
2 Commercial Corridor uses are regulated by the mixed-use development regulations,Chapter 20.110.All permissible uses
shall meet the Use Table Requirements of the specific place type and transect of the property of the intended use.
Chapter 20.44 AMC,Supplemental Use Regulations
(a) Requirements for all Administrative Conditional The proposed food truck is allowed
Use Permits for Mobile Sales and Delivery(i) This in the Old Town Business District 1
section establishes a mechanism for whereby the City zone per the Permissible Use Table Yes
may issue a permit to allow for mobile sales and shown above.
deliveries allowed in zones consistent with the uses
found in Chapter 20.40 Table of Permissible Uses
(ii) Mobile sales and deliveries are intended as an The primary use onsite is a retail
accessory use to a primary use on a specific parcel. store.The proposed food truck is
The mobile sales and deliveries use shall not be a temporary and intended as an Yes
standalone use on a vacant parcel.Mobile sales and accessory use.
deliveries shall not be permanent fixtures on a site.
(iii)An application and all submittal requirements The applicant submitted for an
or an administrative conditional use permit Administrative Conditional Use
ill be reviewed and approved by the Community Permit.The Community and
and Economic Development Director. Economic Development Director is Yes
responsible for the permit decision
and the decision is appealable to the
Hearing Examiner.
(iv)The proposed narrative is required to provide the The hours of operation will be no
ollowing: proposed use,hours of operation,duration longer than 5 hours a day at this
f stay,strategies to minimize traffic congestion and location,other than Fridays,which is Yes
pedestrian hazards, approved for 8 hours.The parking
stall is located near the sidewalk to
rovide safe pedestrian access.
(v) The proposed site plan is required to show the Site plan provided site plans
ollowing: proposed location on the property with showing parking,ingress and egress
setbacks from property lines,ingress/egress on the to the site,and safe pedestrian
property,parking stalls,ADA parking stalls,on-site access. Yes
traffic flow,pedestrian access/crosswalks,and drive-
hru stacking,along with landscaping screening(if
eeded).
Administrative Conditional Use Permit-Site Plan Review
Taco La Mas Fregona PLN#12011PJ26-0115
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(vi) The proposed use is required to include the A restroom agreement was provided,
following with the application: Snohomish signed by the property owner,stating
County Health District approval letter, the employees of the mobile business
commissary kitchen agreement,restroom facility may use their facilities while onsite. Yes
agreement,hand washing stations,water use, Other requirements do not apply as no
grey water disposal,refuse receptacles,and proof food is handled with this type of
f vehicle registration, business proposal.
(vii) The mobile sales and deliveries use shall A Washington State Business License
obtain a Washington State Business License and and City of Arlington Endorsement
City Endorsement License prior to opening for License were renewed and do not expire Yes
business. Business licenses require annual until February 28, 2027.
enewal.
III. CONCULUSIONS
Under AMC 20.16.220,the Community and Economic Development Director shall issue the
requested Administrative Conditional Use Permit for Mobile Sales and Delivery permit only if
he finds that:
Regulation Analysis Meets
(1) The requested permit is not within his The requested Administrative Conditional
jurisdiction according to the Table of Use Permit review is within the City of
Permissible Uses Arlington's jurisdiction per the above Yes
zoning map and permissible use table.
(2) The application is incomplete The application for the proposal was
deemed complete on February 27,2026. Yes
(3) If completed as proposed in the The proposed food truck complies with all
application,the development will not comply required sections of AMC Title 20 per the
with one or more requirements of this title above staff analysis.
(not including those requirements concerning Yes
which a variance has been granted or those
the applicant is not required to comply with
under the circumstances specified in§20.32,
Nonconforming Situations).
(4) The proposed project has not complied The proposed food truck is exempt from
with SEPA SEPA review per 20.98.090 (5):
Commercial facilities up to 4,000 sf with Yes
up to 20 parking spaces.
(5) The proposed project is not in The proposed food truck complies with
conformance with the Comprehensive Plan or the Arlington Municipal Code, Yes
other adopted plans,regulations,or policies. Comprehensive Plan,and Transportation
Plan.
Administrative Conditional Use Permit-Site Plan Review
Taco La Mas Fregona PLN#1201/PJ26-0115
Page 7 of 9
IV. ADMINISTRATIVE DECISION
The proposed project was found to be consistent with and meets the intent of the Arlington Zoning
Code, Comprehensive Plan,and the Arlington Municipal Code,therefore the Renewal of the
Administrative Conditional Use Permit for Taco La Mas Fregona (PLN #1201/PJ26-0115) is hereby
APPROVED,subject to the following conditions.
V. CONDITIONS
Administrative Conditional Use Permit:
1.The proposed use shall be in substantial conformance with the original approved
Administrative Conditional Use Permit application received March 5, 2024 and the updated
documents received April 24, 2026 and subject to any conditions or modifications that may be
required as part of the permit plan review.
2.The proposed use shall be allowed at the location as depicted within the approved site plans
attached with the Administrative Conditional Use Permit.
3.The proposed use shall not obstruct the public sidewalk.
4.The proposed use shall not interfere with public convenience and no permanent structures
are allowed to be built within the public right-of-way.
5. Parking spaces along public roads shall not be reserved.
6.The food truck shall be parked at one location for the duration of one (1) day and shall be
removed at the end of each day.
7. If at any point the proposed business becomes an issue with the existing parking, other
vehicles, neighboring businesses,or if the city receives unresolvable complaints from the
public then the business license and the Administrative Conditional Use Permit may be
revoked.
8. If at any point the proposed business becomes an issue due to the extended hours on
Fridays,then the extended hours may be reduced back to the originally approved 5 hours a
day.
9.The Administrative Conditional Use Permit is required to be renewed on an annual basis in
conjunction with a Business License for Mobile Sales and Delivery.
10.A current Business License is required to operate a business within the city.The
Administrative Conditional Use Permit is only valid with an approved business license.
11.A Certificate of Insurance with the City of Arlington named as Additional Insured shall be
on file with the Community and Economic Development Department for all uses allowed in the
public right-of-way.The certificate of insurance shall be submitted to the City prior to the first
day of operation.
Administrative Conditional Use Permit-Site Plan Review
Taco La Mas Fregona PLN#1201/PJ26-0115
Page 8 of 9
VI. EXPIRATION
Per AMC 20.44.080 the permit shall expire automatically if,within a year after the issuance of the
permit,a renewal has not been issued.The permit shall be renewed annually for continued use.
VII. APPEAL
This decision may be appealed pursuant to AMC 20.20.010,which provides for a hearing of the
Administrative Conditional Use Permit decision before the Hearing Examiner.Any aggrieved party of
record may file an appeal within 14 days of the permit decision.An appeal shall be considered filed
when a written notice of appeal, specifying the grounds and arguments,therefore,is delivered to the
Department of Community and Economic Development by 5:00 PM on Monday. May 11, 2026,and the
appeal fee as set by resolution is paid.
Prepared By: Ameresia Lawlis, Associate Planner
Date: April 27, 2026
ORDERED THIS ON THE 27th DAY OF April 2024.
Amy Rusko, Community and Economic Development Department Director
Distributed to the Following Parties:
Evangelina Gutierrez, Owner
Administrative Conditional Use Permit-Site Plan Review
Taco La Mas Fregona PLN#1201/PJ26-0115
Page 9 of 9
Updated - Renewal - Tacos La Mas Fregona
ACUP
Final Audit Report 2026-04-27
Created: 2026-04-27
By: Ameresia Lawlis(alawlis@arlingtonwa.gov)
Status: Signed
Transaction ID: CBJCHBCAABAAf3Cg9wKULryJjXzOhaAZWOdngMZUZbgg
"Updated - Renewal - Tacos La Mas Fregona ACUP" History
Document created by Ameresia Lawlis (alawlis@arlingtonwa.gov)
2026-04-27-6:50:45 PM GMT
C'-► Document emailed to Amy Rusko (arusko@arlingtonwa.gov)for signature
2026-04-27-6:50:51 PM GMT
Email viewed by Amy Rusko (arusko@arlingtonwa.gov)
2026-04-27-7:52:43 PM GMT
Document e-signed by Amy Rusko (arusko@arlingtonwa.gov)
Signature Date:2026-04-27-7:53:20 PM GMT-Time Source:server
Agreement completed.
2026-04-27-7:53:20 PM GMT
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