HomeMy WebLinkAbout20260722_PLN1302_ACUPDecision i
Community and Economic Development
Planning Division
18204 59th Avenue NE,Arlington, WA 98223
ADMINISTRATIVE CONDITIONAL USE PERMIT RENEWAL
MOBILE SALES AND DELIVERY
STAFF REPORT AND PERMIT DECISION
GENERAL INFORMATION
File Number: PLN #1302
Project Title: Tacos El Pacifico
Owner/Applicant: Adolfo Delgado
Contact: Adolfo Delgado
Description: Mobile Food Truck Renewal
Location: 17202 51st Avenue NE
Arlington Food Truck Court
Zoning Classification: General Commercial
Land Use Designation: General Commercial
Proposed Use Classification: Mobile Sales and Delivery
City Approvals Required: Administrative Conditional Use Permit
Date of Decision: July 22, 2026
Decision: APPROVED,with Conditions
Administrative Conditional Use Permit-Site Plan Review
Tacos El Pacifica PLN#1302
I. NATURE OF APPLICATION
A. Request
The applicant is proposing to operate a food truck within the Arlington Food Truck Court Pilot Project
located on the northwest corner of 515t Avenue NE and 172nd St NE. The food truck court is open from
8:O0am - 9:00pm. Specific operating hours will be scheduled with the Community and Economic
Development Department.Parking will be located north of the food trucks,delineated by ecology blocks
to allow for safe pedestrian access from both the parking area as well as the public sidewalk to the east.
B. Project Chronology/Background
A formal Administrative Conditional Use Permit application was submitted to the Community&
Economic Development Department and routed to the appropriate review staff on January 28, 2025,
with resubmittals routed to the appropriate review staff on February 3,2025,and February 19, 2025.
The approved decision was issued on February 26, 2025.
The request for renewal of the Administrative Conditional Use Permit was submitted February 25,
2026.Staff routed the material to City review staff on February 25, 2026 along with resubmittals on
March 9, 2026 and July 9, 2026.A resubmittal extension was provided on May 8, 2026 due to new fire
requirements.
C. Site Location/Description
..W
Mmu
The property is a'
located at 17202
51St Ave NE Ln
I'L -
Raw-^•��--YT'1 .^L�7r-•F
R1:72i d ;St:-NE
0i
i1
i frY�.
Northwest corner of 515t Ave NE & 172nd St NE
Administrative Conditional Use Permit-Site Plan Review
Tacos El Pacifica PLN#1302
D. Site and Adjacent Zoning/Uses
The property is
located at 17202 51st
Ave NE _
M HC= Highway Commercial
M GC=General Commercial j
BP=Business Park
LI= Light Industrial
Mixed Use Overlay —
Area Zoning Proposed Use Current Use
Proposed Location General Commercial Mobile Sales and Delivery/City of
Arlington Food Truck Court
North Business Park Manufacturing
East General Commercial Vacant Air ort Property)
South Light Industrial Warehouse
West General Commercial Athletic Center
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
20.16.100 Permits Required. (a) Subject to this The applicant submitted an
chapter,the use made of property may not be Administrative Conditional Use
substantially changed (see§20.40.070, Change in Permit application for site plan
Use),and buildings or other substantial structures review.The Community&Economic
may not be constructed,erected,moved,or Development Director is responsible Yes
substantially altered except in accordance with and for the permit decision and the
pursuant to one of the following permits: decision is appealable to the Hearing
(1)A Type I permit issued by the Community and Examiner.
Economic Development Director or his/her
designee.
Administrative Conditional Use Permit-Site Plan Review
Tacos El Pacifico PLN#1302
Regulation Analysis Meets
20.16.110 Who May Submit Permit Applications. The owner,Adolfo Delgado,
(a)Applications for Administrative Conditional Use submitted the application for Tacos
Permits will be accepted only from persons having El Pacifico.
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,Adolfo Delgado,
The applicant for each land use permit shall designated himself 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 application was deemed
(1) Land use permit applications shall be complete on March 2, 2026,and thus
considered vested on the date that an application is vested to the code at that time for
deemed complete pursuant to 20.16.205 and the 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 project permits must be complete on March 2, 2026. Yes
complete before the permit-issuing authority is
required to consider the application.
20.16.205 Complete Application. The application was determined to
(a) Upon receipt of a formal application,the be complete with the issuance of
Community and Economic Development Director review comments on March 2, 2026.
shall review the application and,at his/her
discretion, confer with the applicant to ensure that Yes
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.
Administrative Conditional Use Permit-Site Plan Review
Tacos El Pacifica PLN#1302
Regulation Analysis Meets
20.16.215 Distribution of Application. The application was routed to all
Upon receipt of a project permit application,the affected city departments February
Planning Official shall,in addition to all interested 25, 2026,March 9,2026 and July 9,
City Departments,send a copy of the application to 2026. Yes
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 2-25-2026
the number of days that have elapsed,the following
periods shall be excluded: Complete Application 3-2-2026
(1)Any period during which the applicant has been 1st Comments Sent 3-9-2026 Yes
requested to correct plans,perform required 1st Resubmittal 3-9-2026
studies,or provide additional required information. 2nd Comments sent 3-10-2026
Extension 5-8-2026
tad Resubmittal 7-9-2026
Decision 7 22 2026
Total Process Days: 14 of 65 Days
Chapter 20.36 AMC,Zoning Districts and Zoning Map
20.36.020 Commercial Districts Established. The Administrative Conditional Use
(d) The General Commercial (GC) zone is Permit will operate within the
established to accommodate commercial uses General Commercial zone.The
generally similar,though more intensive,to the Mobile Sales and Delivery are
types permissible in the Old Town Business District. allowed within the General Yes
However,it is intended that this zone be placed Commercial zone.
along arterials to cater to commuters or as a
transition in some areas between a Highway
Commercial zone and a residential zone.
Chapter 20.40.130 AMC,Commercial and Mixed-Use 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
classifications in the city,subject to other applicable General Commercial zone.
Yes
provisions in this title. It should be read in close
conjunction with the definitions of terms set forth in
section 20.08 and the other interpretive provisions
set forth in this article.
Use NC I OTBD-1 I OTBD-2 OTBD-3 I GC1 I CCz HC1
Retail Trade-Outside Storage of Goods and Display Allowed
Mobile Sales and Mobile Food Vendors 16 1 ACUP I ACUP I ACUP ACUP I 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.
16 Subject to Section 20.44.080-Administrative Conditional Use Permit for Mobile Sales and Delivery
Administrative Conditional Use Permit-Site Plan Review
Tacos El Pacifica PLN#1302
Regulation Analysis Meets
Chapter 20.44 AMC,Supplemental Use Regulations
20.44.080 Administrative Conditional Use Permits for Mobile Sales and Delivery
(a) Requirements for all Administrative The proposed food truck is allowed in the
Conditional Use Permits for Mobile Sales General Commercial zone per the
and Delivery(i) This section establishes a Commercial and Mixed-Use Permissible Use
mechanism for whereby the City may issue a Table shown above.
permit to allow for mobile sales and
deliveries allowed in zones consistent with
the uses found in Chapter 20.40 Table of
Permissible Uses
(ii) Mobile sales and deliveries are intended The city has established a food truck court
as an accessory use to a primary use on a pilot project at this location,which is the
specific parcel.The mobile sales and primary use of the property. Each individual
deliveries use shall not be a standalone use food truck is accessory to the overall court.
on a vacant parcel.Mobile sales and The food truck is required to arrive and
deliveries shall not be permanent fixtures leave the site each day.
on a site.
(iii)An application and all submittal The applicant submitted for an
requirements for an administrative Administrative Conditional Use Permit.The
conditional use permit Community and Economic Development
will be reviewed and approved by the Director is responsible for the permit
Community and Economic Development decision and the decision is appealable to
Director. the Hearing Examiner.
(iv)The proposed narrative is required to The city has established a food truck court
provide the following: proposed use,hours pilot project at this location.Hours,traffic
of operation,duration of stay,strategies to and hazards have been identified with the
minimize traffic congestion and pedestrian food truck court.
hazards,
(v) The proposed site plan is required to The food truck court has designated food
show the following: proposed location on truck operation areas and each vehicle will
the property with setbacks from property be assigned a space to operate.
lines,ingress/egress on the property,
parking stalls,ADA parking stalls,on-site
traffic flow,pedestrian access/crosswalks,
and drive-thru stacking,along with
landscaping screening if needed).
(vi) The proposed use is required to include Restroom facilities,hand washing,and
the following with the application: refuse receptacles are provided on-site.The
Snohomish County Health District approval food truck is self-contained for water and
letter,commissary kitchen agreement, grey water.The food truck is required to fill
restroom facility agreement,hand washing water tanks and dispose of grey water
stations,water use,grey water disposal, through the Commissary Kitchen agreement
refuse receptacles,and proof of vehicle with Tacos El Ray at 707 State Ave,
registration, Marysville,WA 98270.
(vii)The mobile sales and deliveries use A Washington State Business License and
shall obtain a Washington State Business City of Arlington Endorsement License were
License and City Endorsement License prior applied for and expire on August 31, 2027.
to opening for business. Business licenses
require annual renewal.
Administrative Conditional Use Permit-Site Plan Review
Tacos El Pacifica PLN#1302
(c) Food Truck Sales - City Designated Food (1) The proposed project is located in the
Truck Court: (i) The proposed mobile sales Cascade Industrial Center and provides for a
and deliveries use proposed meets the variety of food options for nearby
requirements of(a) above,except: employees and citizens in an area that lacks
(A) Item (ii) as the food truck court has these services,therefore is not materially
designated this use within the confinements detrimental to the public welfare.The
of the court; and intention of this site is to provide a place for
(B) Item (iv) does not require strategies to food trucks to operate and is designed with
minimize traffic congestion and pedestrian this in mind,therefore the proposal would
hazards; and not be injurious to the property as well.
(C) Item (v) does not require a site plan,as (2) The use is consistent with the intent of
the food truck court has designated food the General Commercial zone by allowing
truck operation areas and each vehicle will for food services.The food truck use is
be assigned a space to operate; and similar to uses to the southeast of the
(D) Item (vi) does not require restroom subject site,in the Highway Commercial
facility agreement; and zone,by providing food services in the area
for neighboring businesses and employees.
The use is located in Arlington Municipal
Airport Subdistrict B and does not have an
effect on the airport or aircraft.The project
does not have critical areas on the site.
(3) The designated food truck court
provides parking and visitor parking for
ingress and egress to the site, along with
ecology blocks to ensure proper usage of
space and traffic flow.The food truck does
not propose a drive-thru and no landscaping
is required for each individual food truck.
(4) The food truck is required to schedule
days and times with the city for operation
within the food truck court and may only be
on the site during their scheduled
timeframes.The food truck court is open for
operation Sunday through Saturday from
8:00 am to 9:00 pm.
Proposed food truck sales and deliveries An approved WSAFM Food Truck Inspection
shall obtain an Arlington Food Truck Fire Program checklist was received on July 9,
Inspection Program Checklist or provide an 2026.
approved Washington State Association of
Fire Marshals Food Truck Inspection
Checklist or Regional Fire Marshals Mobile
Food Preparation Vehicle Inspection
Checklist. Fire inspections require annual
renewal.
Administrative Conditional Use Permit-Site Plan Review
Tacos El Pacifica PLN#1302
III. CONCLUSIONS
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 March 2, 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
which a variance has been granted or those Yes
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.
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 Administrative
Conditional Use Permit for Tacos El Pacifico (PLN #1302) 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 approved Administrative
Conditional Use Permit application received February 25, 2026,with the additional documents
submitted on March 9, 2026,and July 9, 2026,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.
Administrative Conditional Use Permit-Site Plan Review
Tacos El Pacifica PLN#1302
5. Parking spaces along public roads shall not be reserved.
6. Business related vehicles shall not obstruct areas designated as public parking on approved site
plan.
7. 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.
8. 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.
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 and Food Truck Fire
Inspection.
10. A current Business License and Food Truck Fire Inspection approval are 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 on-site and in
the public right-of-way.The certificate of insurance shall remain in effect at all times while
utilizing the food truck court.
VI. EXPIRATION
Per AMC 20.44.080 the permit shall expire automatically if,within one 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 Wednesday.August 5. 2026 and
the appeal fee as set by resolution is paid.
Prepared by:Ameresia Lawlis,Associate Planner
Date: July 22, 2026
ORDERED THIS 22nd DAY OF July, 2026.
Amy Rusko, Community and Economic Development Department Director
Distributed to the Following Parties:
Adolfo Delgado
Administrative Conditional Use Permit-Site Plan Review
Tacos El Pacifica PLN#1302